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THE CASE 



/ 



OF 



THE SENECA 



IN THE 




STATE OF NEW YORK. 



ILLUSTRATED BY FACTS 



PRINTED FOR THE INFORMATION OF THE SOCIETY OF 1 RIENDS, 

BY DIRECTION OF THE JOINT COMMITTEES ON INDIAN 

AFFAIRS, OF THE FOUR YEARLY MEETINGS 

OF FRIENDS OF GENESEE, NEW 

YORK, PHILADELPHIA, AND 

BALTIMORE. 



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r. \T T e C 



" Woe unto them tliat decree unrighteous decrees, and that write grievousness which 
they have prescribed, to turn aside the needy from judgment, and take away the right 
from the poor of my people ; that widows may be their prey, and that they may rob 
the fatherless. And what will ye do'in the day of visitation, and in the desolation that 
shall come from far." — Isaiah x. 1,2, 3. 



PHILADELPHIA: 

3IERRIIIE\V AND THOMPSON, PRINTERS, 

Xo. 7 Carter's Alley. 

1840. 



.53 



a 



• I 



At a meeting of the Committees of the four Yearly Meet- 
ings of Genesee, New York, Philadelphia, and Baltimore, on 
the concern of those meetings for the welfare of the Indian 
natives of our country, held at Cherry street meeting-house 
in the City of Philadelphia, Fourth month, 7th, 1S40, it was 
agreed to prepare a statement of facts for the information of 
our own members, in relation to the circumstances of the 
Seneca Indians in the state of New York. It was believed 
that such information as the committees are prepared to com- 
municate, would not only be acceptable to them, but would 
tend to awaken their sympathy, and excite them to renewed 
concern for the welfare of this oppressed and suffering portion 
of the human family. 

At a meeting of the four Committees of the said Yearly 
Meetings, held in the City of New York on the 29th of Fifth 
month, 1840, the committee appointed for the purpose, pro- 
duced the following statement, which was approved, and the 
same committee directed to have a suitable number printed 
for the use of our members. 

BENJ. FERRIS. Clerk. 



STATEMENTS OF FACTS, ETC. 



It appears that soon after the close of the revolutionary 
war, a controversy arose between the states of Massachusetts 
and New York, in relation to a portion of the territory lying 
in the latter state, which, under an old patent, was claimed by 
Massachusetts. This controversy was finally settled in the 
following manner. Massachusetts ceded to New York, all her 
right and title to the sovereignty, government, and jurisdic- 
tion of the lands in dispute, and New York ceded to Massa- 
chusetts, and to her grantees, their heirs and assigns, the pre- 
emptive right to the soil of the native Indians, lying within the 
limits described in the compromise. Among the Indians who 
then occupied this land, were the Senecas and Tuscaroras. 

This "pre-emptive right," seems to be simply, an exclu- 
sive privilege to purchase of the original owners, the Indians, 
their lands, when they are disposed to sell them. Until so 
disposed, no right is vested in the assigns of Massachusetts to 
the Indian lands, nor have they any power over them, more 
than that which every citizen of the United States has over 
the land owned by his neighbor. 

By a treaty with the six nations, of which the Senecas 
were one, made in the year 1794, the United States acknow- 
ledged to each of these tribes or nations, their right and title, 
respectively, to certain reservations of land specified in the 
treaty; and solemnly guarantied to them, separately, the pos- 
session and enjoyment of their respective reservations. Of 
these reservations, the Seneca Nation now owns and occupies 
four; to v^/it, the "Tonewanda Reservation," situate near and 
east of the Niagara River, containing about 13,000 acres; the 
"Buffalo Reservation," situate on Buffalo Creek, and within 
a short distance of the City of Buffalo, containing about 53,000 
acres; the " Cattaraugus Reservation," lying on Cattaraugus 
Creek, which empties itself into Lake Erie, near its eastern 
extremity, containing about 22,000 acres; and the " Alleghany 
Reservation," lying on the Alleghany River, containing about 
31,000 acres, all in the state of New York. 

1* 



[ G ] 

Tiiese lands, naturally fertile, and a large proportion of 
them of the best quality, are surrounded by a numerous white 
population; and, lying in the vicinity of cities, towns, and 
villages, have become extremely valuable. The advancing 
value of this property, has been attended with a correspond- 
ing desire, on the part of the pre-emption claimants, to get 
possession of it; for which purpose, all the means which in- 
genuity could suggest, every exertion which ample pecuniary 
resources could support, have been adopted and maintained, 
with, untiring perseverance. In the exercise of these means, 
the Indians have, for many years, been kept in a state of agi- 
tation and uneasiness: unsettling their minds, and greatly im- 
l^eding the eflbrts of tiieir friends, for their civilization and 
improvement. In the year 1S02, under apprehension for the 
safety of their possessions, they a])plicd to the Government 
of the United States, for its protection, and the fulfilment of 
its contract, contained in the treaty bcforementioned. With 
a just regard to its solemn obligation, as expressed in that 
instrument, the government issued a declaration, under the 
seal of the War-Ofiice, signed by Henry Dearborn, Secretary 
of War, in which is the following language. " As well, there- 
fore, to remove all apprehension from the minds of the chief 
men, and others of the Seneca and Onondaga Indians, as to 
secure to thera the possession of said lands, it is hereby an- 
nounced and declared, by the authority aforesaid, on behalf of 
the Government of the United States, that all lands claimed 
by, and secured to the said Seneca and Onondaga Indians, by 
treaty, convention, deed of conveyance, or reservation, lying 
and being within the limits of the United States, shall be and 
7'emai7i the property of the said Seneca and. Onondaga In- 
dians for ever, unless they shall voluntarily relinquish or 
dispose of the same. And all persons, citizens of the United 
States, are hereby strictly forbidden to disturb said Indian 
nations, in the quiet possession of said lands." 

In all the treaties made between our government and the 
Seneca nation, the Indians have faithfully performed the sti- 
pulations binding on their part, and are. justly entitled to the 
protection guarantied to them on the part of the United States. 
But the avowed policy of the government being the removal 
of the Indians beyond the Mississippi, and the object of the 
land company, ihc possession of their lands, the gentle voice 
of mercy, and the strong appeals of justice, have been equally 
disregarded, in the combined struggle of such powerful par- 
tics, for the attainment of their respective ends. 



[ 7 ] 

It was during this struggle, that the Committees ot the 
three Yearly Meetings of Genesee, New York, and Philadel- 
phia, becoming acquainted with some of the leading facts of 
the case, felt concerned to unite in an attempt, if possible, to 
avert the calamities which seriously threatened to overwhelm 
these small and defenceless remnants of the aboriginal race. 
With this view, a number of Friends, from those Yearly 
Meetings, were deputed to proceed to the Seneca Nation, in 
order to investigate the circumstances of these Indians, and 
obtain a more extensive knowledge of facts, that, if neces- 
sary, a representation of their case might be made to the 
General Government. 

In pursuance of these objects, the Friends delegated, pro- 
ceeded to the Buffalo and Cattaraugus Reservations, in the 
Seventh month last; and afterwards, at the invitation of the 
President of the United States, attended a council of the six 
nations, held in the Eighth month following, at the council 
house, near Friends' Settlement, on the latter reservation. At 
this council, called by the President, and attended by the Secre- 
tary of War, much information was obtained; and the com- 
mittee became thoroughly satisfied of the revolting fact, that, 
in order to drive these poor Indians from their lands, decep- 
tion and fraud had been practiced to an extent, perhaps, 
without a parallel in the dark history of oppression and wrong, 
to which the aborigines of our country have been subjected! 

It is not our intention to go into a detail of all the circum- 
stances illustrating this fact. Documents of an official charac- 
ter, appended to this statement, will amply support our views 
on the subject. We shall therefore confine ourselves to the 
exhibition of some of the more prominent instances of injus- 
tice and wrong, which eminently distinguish the present at- 
tempt to get possession of the Seneca Reservations. 

That these reservations properly belong to those Indians — 
that they have an indefeasible title to them, cannot be denied. 
They hold them hy immemorial tenure. The United States, 
by solemn treaties, and repeated assurances of an official cha- 
racter, have guarantied to them the jjeaceable possession of 
their lands for ever. No act of the federal or state govern- 
ments cd^xi justly or constitutionally deprive them of this 
property. Nothing, in short, can alienate these lands from 
their present rightful owners, but their own voluntary and 
deliberate act. 

Aware of these facts, the pre-emptive claimants have, for 
many years, by various means, open and clandestine, been 



[ 8 ] 

t'luleavouring; to persnade the Senccas to sell their reserva- 
tions. Tiie Green ]}ay speculation, l)y which tlie Govern- 
ment of the United States has heen imposed upon to the 
amount of 52,000 dollars, was contrived for this purpose. But 
the plan failed, so far as regards the Sc7ieca nation. That 
tribe, steady to its purpose, uniformly refused to enter into 
the scheme, or to have any connexion with it. No tempta- 
tion could induce them to relinquish their lands, and leave 
the graves of their fathers. With a fixed determination, they 
kept aloof from every measure that had for its object their 
emigration. 

All these means, and many others yet untold, having utterly 
failed, a neiv scheme was contrived, with the same ultimate 
object. A purchase of the Green Bay lands, in 1832, had 
been made by the government, for the future residence of the 
New York Indians. To the treaty for these lands, made with 
the Menominccs of Wisconsin, Ihe Scnecas ivere not a party; 
nor did they desire to be. They had comfortable homes 
already — their midnight slumbers were not disturbed by 
schemes of avarice, or plans to deprive others of their posses- 
sions. This gratuitous and unsolicited act of the goverment, 
was so unacceptable to the Seneca Indians, that they would 
neither remove to Green Bay, nor accept the land as a gift! 
With a clear perception of the real object, they declined to 
take any part in a measure, devised in fact ivith the sole vieiv 
of getting from them their Nciu York lands, for the gratifi- 
cation of the pre-emptive claimants, known by the title of 
"the Ogden Land Company." 

The Green Bay scheme, however artfully planned, turned 
out a failure. Years rolled away without its consummation. 
At length, in the year 1837, under the management of the 
agents of that comj^any, as it is generally understood, the 
United States' Government was induced to appoint a commis- 
sioner, with the ostensible object of purchasing from the In- 
dians of New York, the aforesaid Green Bay lands. The real 
object, however, was to obtain the means and money and in- 
Jlnence of the government, to assist the said land speculators 
in tlieir efforts to obtain the more valuable lands of the In- 
dians, lying in the state of New York! 

This ap])ointment, when made known to the Senecas, pro- 
duced much agitation and excitement. They knew that the 
Green Bay concern was but a pretext, muX not the real object 
of ncgociation. With more knowledge of their true interests, 
than power to protect them, these poor people, through their 



[ 9 ] 

most upright and intelligent chiefs, used all the means in their 
power to defeat the scheme. 

In consequence of this appointment, a ncgociation was 
opened with the Seneca Indians. Before entering on the 
business, however, great exertions were used by the land com- 
pany, to secure such a ratification of the treaty as would eflect 
their object. Large bribes were offered to such of the chiefs 
as could be deceived by misrepresentation, or gained by 
the love of money; and, where such a reluctance to leave 
their hom.es was manifested, as no pecuniary rewards could 
overcome, they were threatened with a forcible removal, or 
bribed by an offer of leases for life, of the lands on which 
they dwelt, free of rent; and, in some instances, by fee simple 
titles. 

Thus prepared, a treaty, together with a deed of convey- 
ance of their lands to " the Ogden Land Company," was 
oflTered to the chiefs; and, on the 15th of the First Month, 1838, 
signed by such of them as had, by bribery^ or otherwise, been 
prepared for its execution. 

This treaty was laid before the Senate, together with the 
aforesaid deed of conveyance, and referred to a committee of 
that body. That committee, with a zeal and industry becom- 
ing the importance of the subject, went into an examination 
of the documents. In the course of this investigation, they 
found it so defective, that they could not recommend its rati- 
fication. While it was under consideration, the Indians came 
forward, charging that fraud, unfairness, and bribery had 
been used in obtaining signatures to it, and stating that a ma- 
jority of the chiefs neither approved of, nor had signed it;* 
although the preamble stated that it had been signed in coun- 
cil, and properly assented to. 

The committee then remodelled it, changing its original 
character so thoroughly, as to make of it quite a different 
treaty; and then sent it back to the Senate. In this amended 
form, the Senate concurred with it, unanimously; and, on the 
11th of the Sixth Month, 1838, adopted a resolution which pro- 
vided for a reconsideration of the treaty by the Indians; and 
"that the same should have no force or effect whatever, as it 
relates to any of the tribes, nations, or bands of New York 
Indians, nor should it be understood that the Senate had 
assented to any of the contracts connected therewith, until 
the same, with the amendments therein proposed, should be 

* See Appendix, No. 7 — Letter from Big Kettle and others, to Hon. Samuel 
Prentiss. 



[ 10 ] 

submitted, and fully and fairly explained, by a commissioner 
of tbe United States, to each of said tribes or bands, separately 
assembled, in council; and they had given their free and 
voluntary assent to said treaty as amended, and to their con- 
tracts connected therewithf in which case only it was to 
be binding. 

- It will be perceived that this treaty, which was after- 
wards known by the title of "the amended treaty," and 
'•' the contracts conneccted with it," by which is meant the 
contracts for the sale of the Seneca^s and Tuscarora''s land 
to " the Ogden Land Company ^^ were only to be binding 
after they had been submitted, and fully and fairly explained 
by a Commissioner of the United States, to each of the tribes 
or bands, in open council, and their assent iji council ob- 
tained. 

That this is a correct view of this part of the subject, will 
appear from the following considerations : — 

First. In the preamble to the treaty, it was said that the 
treaty was made and concluded by the Commissioner of the 
United States, and the chiefs, headmen, and warriors of 
the several tribes of New York Indians, asse?nbled in coun- 
cil. 

Secondly. The President of the United States, in his mes- 
sage to the Senate, dated January 13, 1840, says, " The pro- 
vision of the resolution of the Senate, of the 11th June, 1838, 
requiring the assent of each of the said tribes of Indians to 
the amended treaty, to be given iii council, and which was 
also made a condition, 7;?'ece^e?i/ to the recommendation to 
me, of the Senate, of the 2d of March, 1839, to carry the same 
into elTect, has not, therefore, been complied ivith, as it re- 
spects the Seneca tribe.'''' 

Thirdly. Governor Everett of Massachusetts, as is stated 
in R. H. Gillet's letter to General H. A. S. Dearborn, dated 
December 25, 1838, expressed the same opinion, that "the sig- 
natures of the cliiefs ought to be given in council.'" See Ap- 
pendix, No. G. 

Fourthly. Senator A. H. Sevier, Chairman of the Indian 
Committee, positively asserts, that Me Senate "sanctioned the 
treaty of the 15th January, 1838, on the express condition 
that the treaty, as amended by the Senate, should be approved 
of by a majority of the chiefs of each tribe separately as- 
sembled in open coujicil, after it had been by our commis- 
sioner fully and fairly explained in open council, and by a 
majority of the chiefs freely and voluntarily assented to in 
open council." See Appendix, No. 2. 



[ 11 ] 

To every intelligent and unprejudiced mind, it will be evi- 
dent that these conditions, imposed by the Senate, and recog- 
nized by the President, and by the preamble to the treaty, 
made apart of that instrument, must be complied with, in 
order to make the treaty valid, or any way binding on the In- 
dians. A A\ilure on the part of the Commissioner to observe 
these conditions, must necessarily vitiate the contracts, and 
ought to make them null and void. As the treaty now 
stands, it bears a falsehood on its face ! — it declares that it 
was made and concluded by the Commissioner of the United 
States, on the one part, and on the other by the chiefs, head- 
men and warriors " assembled in council.'^ 

With the amended treaty in his hand, and the conditions 
imposed by the Senate before his eyes, the Commissioner pro- 
ceeded to the Seneca nation. He there caused a council-house 
to be erected, and called a council, to be opened on the 17th 
of the Eigiith month, 1S3S. Some of the chiefs accordingly 
met, but many of them being absent, the council was adjourn- 
ed for three days ; at the end of which time, on coming to 
the place, the Commissioner found the council-house burnt 
down. 

Nothing daunted by these strong marks of disapprobation, 
on tlie part of the Indians, he caused another house to be 
erected : in the mean time, giving the Land Speculators an 
opportunity to perfect their scheme of bribery and corruption, 
so as to gain, if possible, a majority of the chiefs to sign the 
treaty : such majority being at that time universally ad- 
mitted as necessary to the validity of that instrument. 

At this time the Land Company, by its agents and sub- 
agents, went to work with unparalleled industry, and with a 
perseverance proportioned to the vast amount at stake. One 
hundred and sixteen thousand acres of fine land, in a highly 
improved country, generally estimated to be worth between 
two and three millions of dollars, were a temptation too strong 
to be resisted, by the consideration ih^i justice, 7nercy, truth, 
and fairness must all be trampled under foot, before the 
prize could be obtained. Authentic documents put into our 
possession by the Indians prove, that to eight chiefs on this 
occasion, upwards of 20,000 dollars were to be paid by the 
Ogden Land Company for their signatures to the treaty, and 
for their services and influence over their fellow chiefs, induc- 
ing them to give up their lands ! ! 

By the conduct of the United States Commissioner on this 
occasion, it appears that he entered into the scheme with equal 
ardor. Having had another council-house erected, he called 



. [ 12 ] 

a council, and submitted to the Indians the amended treaty. 
After explaining it, as directed by the Senate; he used all the 
means in his power to induce the chiefs to comply, and sign 
the instrument. Finding them to cling with unyielding te- 
nacity to the land of their birth, and the home of their fathers, 
he informed them, in contradiction to the plain language con- 
tained in the resolution of the Senate, that the contract for 
the sale of their lands to the Ogden Company was already 
complete, and might be carried into effect whctlier the amend- 
ed treaty were ratified or not.* 

General H. Dearborn, the Commissioner on the part of Mas- 
sachusetts, in a letter to the Governor of that State, dated Lew- 
istown, Oct. 1S3S, says, " Among the numerous very cogent 
reasons which were urged by Ihe commissioner for inducing 
the Indians to assent to the amended treaty, during the pro- 
gress of the long protracted deliberations, he observed, that 
he had been directed by the officer at the head of the bureau 
of the Indian department, to state, as his opinion, that the 
contract of the Indians, for the sale of their rightof possession 
to the Ogden Company was complete, and might be carried 
into efl'ect whether the treaty with the United States was 
ratified or not." 

"The unfairness and reprehensibility," says the Chairman 
of the Indian Committee, in his speech to the Senate, "on the 
part of the commissioner, of the use of such terrible and un- 
sound arguments to the ignorant Senecas, is obvious to all." 

General Dearborn, who was present on this occasion, had 
the magnanimity to inform the chiefs that the Governor of 
Massachusetts lield a diflcrent view of the subject, and he was 
authorized to state, that, " unless the amendments made to the 
treaty were assented to, the Governor considered the contract 
for ihe sale of their rights, null and void.'''' 

After the use of all the means to obtain signatures to the 
treaty that ingenuity could suggest, it was laid before the In- 
dians, and out of eighty-one acknowledged chiefs, only six- 
teen of them, including all that had been so liberally bribed, 
came forward in council and signed it. Before closing the 
meeting, sixty-three chiefs and warriors, forty-eight of whom 
were undisputed chiefs, came forward with a written protest 
against it, which the commissioner refused to notice, but 
which was witnessed by Gen. Dearborn, and returned to the 
Senate.! 

♦ See General Dearborn's letter, dated T.ewistown, Oct. 8, 18.18. 
t See a copy of this protest, and also tlie afiidavit of Israel Jemison, Simon 
White, and others, in Ai)pendix, No. 9. 



[ 13 ] 

Here the services of the commissioner, on the part of the 
United States, according to the resohition of the Senate of 
11th of June, 1S3S, ought to have closed. According to that 
resolution the treaty had been submitted and explained to the 
Seneca nation "assembled i7i council.'^ A full and fair op- 
portunity had been had for understanding the will of that peo- 
ple, in relation to the amended treaty ; and that will had been 
clearl)^ and explicitly expressed by a majority of the chiefs 
duly constituted. The Indians well understood the subject, 
and with a clear view of all the circumstances of their case, 
they openly and constitutionally rejected the proffered treaty. 

The commissioner had only to look into the resolution of 
the Senate, which contained his official instructions, and mark- 
ed the bounds of his authority, to perceive that the treaty had 
been sanctiond by that body on the express condition that, 
as amended, it should, together with "the contracts connect- 
ed with it," be fully and fairly explained to each of the tribes 
or bands separately assembled in council, and freely and vo- 
luntarily assented to by them in council. 

The Indian law in relation to the execution of treaties, for 
the sale of their lands, is wisely adapted to the state of an un- 
lettered people, and remarkable for its deference to the will 
of the nation. The stipulations about to be made, are first 
submitted to the clans which compose the tribes ; if there ap- 
proved, they are then laid before a council of the tribe or na- 
tion, when, if agreed to, they are carried to their highest tri- 
bunal, a council of all the nations composing the confederacy, 
and there finally determined. If, in this assembly it is agreed 
to sell, the chiefs are authorized to conclude the contracts, 
which must be signed in open council in the presence and un- 
der the inspection of the assembled chiefs and warriors. It 
is evident that the Senate of the United States, recognising 
this law, and desiring to prevent frauds so easily practised 
upon those who are ignorant of a written language, intended 
to provide for a fair and honorable termination of this pro- 
tracted negotiation, by requiring that the fl^^ew/ to the amend- 
ed treaty should be given in open council. 

By reference to the course pursued by the commissioner, 
as described in the official documents, it is evident that he so 
understood his instructions, and so continued to understand 
them, while there was a hope that, bi/ large bribes, leases 
for life free of rent, fee si?nple titles, threats of forcible re- 
moval, and other means, noticed in the said documents* a 

* See Appendix, No. 7, affidavit of Big Kettle and others; also, No. 26, affidavit 
of John Snow. 

3 



[ 14 1 

/nujority of signatures could be oljtaincd la open council. It 
was not until all these schcmeshad been signally defeated, — it 
was not until it was found that only sixteen chiefs out of 
EIGHTY-ONE, could thus 1)6 inducod to sign the assent, — it was 
not until sixtt-three chiefs and warriors had, in the same 
council, openly protested against the treaty, and the sale of 
their lands, that the commissioner made the discovery that a 
tavern in Buflalo, or a wigwam in the forest, was a better 
place for the execution of a solemn treaty, involving the 
intei-ests of thousands, than a council-house or a Senate Cham- 
ber ! 

In pursuance of this discovery, the commissioner took pri- 
vate lodgings at a hotel in Bufi'alo, having given public notice 
that those chiefs, who from fear, or any other cause, should 
])rcfer signing the treaty at his room, might do sol 

A scene now opened, perhaps unprecedented in the annals 
of treaty-making. Runners were hired to scour the forests, 
and bring in every chief who could be prevailed upon, by 
means fair or foul, to sign the assent. Day and night* their 
wigwams were invaded for this purpose. They were waked 
from their sleep — besieged by the way, when pursuing their 
business — chased down, in attempting to escape from impor- 
tunity, or forced to stay from their homes to avoid it. Spi- 
rituous liquors were employed to intoxicate them — false rep- 
icsentations to deceive them — threats to intimidate them — 
and vain hopes to allure them. With all these means, and 
others too numerous here to mention, thirteen more signa- 
tures were obtained at the tavern, and tw'o at private houses, 
making, in all, thirty-one out of eighty-one. 

Thus, after a laborious service of more than forty days, in 
council and out of council, at taverns and in wigwams, by fair 
means and by foul ones, the commissioner was left with the 
treaty in his hand, signed by a minority! He adjourned the 
council on the 2d of the Tenth month, having kept it open 
nearly seven weeks, to the great loss of the nation, at a season 
of the year the most important to the Indians, as it includes a 
jjcriod in wiiioh Ihcy are generally employed in procuring 
and preparing their food for the winter. 

'i'he treaty thus signed, was returned to Washington by the 
commissioner, with his report to the Indian department, dated 
October 25th, 183S. lu this report, a number of important 
facts were omitted, going to show the nature; of many transac- 

• Sep A^ipcndix, Xo. 47, Mark (JImlcs' affidavit. 



[ 15 ] 

tions which had taken place during the session of the council 
at Buffalo; and which, if stated, would have proved that a 
number of the signatures were fraudulently obtained, and that 
several names appended to the treaty, had never been placed 
there by the authority of the chiefs they represent. 

The council, which was adjourned on the 2d of Tenth month, 
as aforesaid, was by that adjournment to have met again on 
the 15th of the Eleventh month following; but, by this time, 
the commissioner having discovered that signatures to this trea- 
ty were more certainly obtained in a clandestine way, than by 
open and honorable means, never opened the council; and thus 
violated his engagement, again to meet the Indians in that public 
manner. Touching this point. Senator Sevier says: " This 
violation of a public pledge, by a duly authorized commis- 
sioner, is justified, though not avowed, on the ground, I sup- 
pose, that we are not bound, according to modern ethics, to 
keep faith with heretics or infidels." 

The report of the commissioner to the Indian department, 
which has just been mentioned, having been considered by 
the Secretary of War, and by T. H. Crawford, an officer of 
that department, the assent to the amended treaty was not 
satisfactory; whereupon the commissioner was sent back to 
the Seneca nation, for the purpose of obtaining additional sig- 
natures to it. In a letter from T, H. Crawford to the com- 
missioner, dated October 30th, 1838, Office of Indian Affairs, 
we find the following paragraph. " Sir: Your report, and the 
treaty with the New York Indians, assented to as amended in 
the Senate of the United States, have been submitted to the 
Secretary of War. He is of opinion that the consent of a 
majority of all the Seneca chiefs must be obtained; but that, 
as you have heretofore met the requirements of the Senate, 
by full explanations to them in council, 3'ou m.ay proceed to 
the Seneca Reservation, and there obtain the assent of such 
Indians as have not heretofore given it.^' 

Another struggle now commenced for the achievement of 
the object mentioned in this letter. The commissioner re- 
paired to Buffalo, and opened his private apartment for the 
reception of signatures. But there not being chiefs of a 
mouldable character, sufficient for the purpose of turning the 
scale in favor of the treaty, a new scheme was invented. By 
the established laws and usages of the nation, the clans select 
from their most intelligent members, such as by their qualifi- 
cations for usefulness in council, are considered proper to fill 
the office of chief. This selection is then sent forward to a 



[ 16 ] 

council of ihc wliolc six nations, where, if approved, the per- 
sons so returned, are, by the voice of the confederate chiefs, 
:idmitted to office, and take their station as counsellors of the 
confederacy, and as chiefs of the particular nation to which 
they belong. The parties in favor of the measures for driving 
the Senecas from their reservations, very well knew that by 
this process they could not attain their ends. In the Twelfth 
nionlh of that year, they therefore collected a few Indians 
together at a private house in the City of Buffalo, and elected 
John Hutchinson, Charles Graybeard. and Charles F. Pierce 
to the office of chiefs, who immediately subscribed their names 
to the assent to the Senate's amendments. By these means, 
and others equally unlawful, the commissioner at length suc- 
ceeded in getting ten additional signatures to that instrument, 
making, in the whole, forty-one names. Of those Indians 
who thus appear as parties to the assent, six never were law- 
ful chiefs of the nation, and six others have solemnly deposed 
that they never signed it, nor authorized others to sign it on 
their behalf. 

The treaty thus executed, was returned by the President to 
tiie Senate on the 31st of First month, 1S39. By its resolution 
of Sixth month 1 1th, 1838, the President of the United States 
was authorized to promulge the treaty, without any further ac- 
tion of the Senate, if satisfied that it had been assented to by the 
Indians, according to the true intent and meaning of that body. 
By returning it to the Senate, he unequivocally declared, that 
the treaty had not been so assented to. 

The Senate again sent it to their committee on Indian 
Affairs; who, after an investigation of the case, once more 
returned it to the President, with the following resolution, dat- 
ed, March 2, 1839: 

" Resolved, That whenever the President of the United 
States shall be satisffed that the assent of the Seneca tribe ol 
Indians has been given to the amended treaty, &c., according 
to the true intent and meaning of the resolution of the Senate 
of the 11th of June, 1838, the Senate recommend that the 
President make proclamation of the said treaty, and carry the 
sanie into effect." 

Hitherto it is evident to demonstration, that the Senate's 
conditions had not been complied with. T/ie treaty had 
never been assented to in open council. By the means to 
procure its execution, z'i tvas tainted with palpable fraud, 
jud, including every name on it, placed there by chiefs them- 



[ 17 J 

selves, whether fraudulently obtained or not, there was not a 
majority of the whole. 

No sooner had the foregoing resolution passed the Senate 
than the authors of these transactions, their agents and sub- 
agents, beset the President with letters, pressing him to ratify 
and promulge the treaty. Stryker, Wilcox, Allen, and the 
land company, the prime movers, and principal actors, in the 
aforesaid schemes to drive the poor Senecas from their homes 
and their firesides, also appeared on this occasion. But not- 
withstanding all their efforts, the President, in accordance 
with the views of the Senate, determined to obtain for the 
Indians one more opening to escape from the hands of the 
spoiler — to give them another opportunity to express them- 
selves on a subject, involving to thousands all that was dear- 
est to them on this side of the grave. 

Pursuing this benevolent intention, the President, in 
the Eighth month, 1839, despatched the Secretary of War 
with the treaty to Buffalo, for the purpose of submitting it 
again to the Seneca nation, and also to communicate tlie views 
of the Senate as expressed in the resolutions of "June 11, 
1S3S," and "March 2, 1839." 

On the 12th of the Eighth month in the year last mention- 
ed, a council was held by the Secretary with the chiefs of the 
Six Nations at the council-house on the Cattaraugus reserva- 
tion. By an invitation from the President, a delegation from 
the Indian committees, of the three Yearly Meetings of 
Friends, of Genesee, New York, and Philadelphia, attended 
that council. Several of the officers of government, with 
General Dearborn, the commissioner from Massachusetts, 
were also there. Speeches were made to the Indians by 
Judge Stryker, General Dearborn and the Secretary. The 
latter informed them that he was "sent by their Great Father, 
the President, to confer with them, ascertain their objections 
to the treaty, and to listen to every thing they had io say on 
the subject." 

If these were the only objects of the council, the necessity 
of holding it may well be called in question. Their objec- 
tions to the treaty had already been so fully s'ated to the War 
Department, that nothing new on that point could reasonably 
be expected. The office of that department was literally 
crowded with memorials, petitions, remonstrances, protests, 
affidavits, censuses, and almost every species of evidence, to 
demonstrate that the treaty wns fraudulent, and contrary to 
the deliberate will and judgment of the Indians. Delega- 

""2* 



[ IS J 

tion after delegation had, from time to time, been at Wash- 
ington, clothed with official authority from the Seneca nation, 
for the same purpose. It is, therefore, hardly credible that the 
President, who well understood all these matters, should au- 
thorize the holding of a council with the Indians merely to 
confer with them and ascertain objections which were per- 
fectly ascertained before. 

If, as affirmed in the Senate, by the chairman of the Indian 
committee, the Secretary of War was despatched by the 
President to hold a council with the Senccas, '■'■for the pur- 
pose of submitting to them the amended treaty,''^ and thus 
to ascertain by actual experiment whether a majority of le- 
gally authorized chiefs had signed the assent to it or not, we 
have a very clear, and very cogent reason for calling such a 
council. On the other liand, if we are to understand that the 
Secretary was sent merely to confer with them, ascertain their 
objections to the treaty, and listen to every thing they had to 
say, such a mission must appear to be a work of supereroga- 
tion, and liable to be considered as a scheme covering a de- 
termination to execute the treaty, and drive away the Indians, 
riglit or wrong. 

In the message of the President, dated January 13th, 1840. 
he says: "No advance towards obtaining the assent of the 
Seneca tribe to the amended treaty was made." From this 
language it is evident that the mission was intended to ascer- 
tain, by a submission of the assent once more to the Seneca 
nation, whether any such advance could be made or not, and 
he states the result of the experiment by saying: "No ad- 
vance was made!" The fact is, no attempt was made to obtain 
such assent! Instead of laying the treaty before that tribe, 
and calling upon the chiefs to come forward and express their 
assent o\" dissent to it, the whole time was spent in making 
speeches, which did not and could not, in the nature of things, 
advance the great object of the council one iota! 

That the calling of this council was, for the purpose of sub- 
mitting the amended treaty again to the Seneca nation, 
iiirlher appears, from the declaration of the Senator from New 
\ urk, — a Senator who was in favor of the removal of the In- 
dians, and therefore not liable to the suspicion, that he was 
influenced by party or interested motives, in making the state- 
ment. Pending the (Mscnssion of the subject in the Senate, in 
the Third month, 1840, Senator Wright, in reference to the 
resolution of the Senateofthc 11th of June, 1838, says," With 
tliis resolution the treatv was remanded to the President, for 



r 19 ] 

the further action of the Executive department. Inasmuch as 
the President had returned the amended treaty to the Senate 
for an expression of its opinion, as to the sufficiency of the 
assent of the Seneca band, and as the resolution above given 
did not express an affirmative opinion upon that point, that 
officer very naturally supposed that further efforts on his 
part to obtain the assent of this band, was contemplated. 
During the vacation of 1839, therefore, he sent the Secretary of 
War in person, to hold a council with this band, and again 
lay the amended treaty before their chiefs in council^ for 
their more formal assents^ 

It is much to be regretted that this principal, and indeed only 
important part of the mission, was wholly lost sight of by the 
Secretary of War. Had the treaty, at this period, been laid 
before the chiefs, who were assembled at Cattaraugus, every 
doubt as to the will of the nation, every question on the sub- 
ject of majorities, of the official character of chiefs, of the for- 
gery of signatures, of the genuineness of powers of attorney, 
and other disputed points, would have been quietly settled. 
This would have been a short, and easy, and certain way, of 
putting these " vexed questions" for ever at rest. By with- 
holding, on this occasion, the treaty and the assent to it, the 
Indians were prevented from giving to the President, and to 
the world, an undeniable proof, that it had not been fairly ex- 
ecuted. 

A census of the four reservations in the tenure of the Seneca 
nation, had been taken in the year 1S38, and certified by 
affidavits, duly made before the proper authority. When the 
delegates from the three Yearly Meetings of Friends were at 
Cattaraugus attending the council in the Eighth month, 1839, 
deeming it a very important point, for the consideration of 
the President and Senate, they advised that another census 
should be taken with great care, by persons of unblemished 
reputation for integrity, and when so taken, duly certified. 
This was accordingly done, and the result showed that out of a 
population of 2,449, on the four reservations belonging to the 
Seneca nation, only 13S individuals were willing to remove — 
including in this number, women, children, and infants at the 
breast ! 

This census, which was forwarded to the Indian depart- 
ment and printed by order of the Senate, has never been called 
in question (so far as we have yet ascertained,) by any party, 
whether disposed to wrong, or to defend the Seneca nation. 

If this census be correct, what a view does it present, of the 



[ 20 ] 

conduct of those poor, ignorant, bribed chiefs, who have 
signed the assent to the amended treaty. What overwhelm- 
ing evidence does it furnish, that they have been influenced 
by other inolives Ihan the will of their const it ue^ifs. Ap- 
pointed for the express purpose of re/;?-e.se«//;?.i,'- the nation, 
they have done all in their power to betray it. 

If we were to admit, that, ihc forty -one names appended to 
the treaty, were, as they are stated to be, the names oi chiefs ; 
and that these chiefs had been fairly inaugurated into that 
office, and that their assent was obtained luithout bribery or 
corruption, what must every honorable man think of their 
conduct ? Instead of representing the will of the nation, as 
it was their duty to do, they represented the will of 138 in- 
dividuals, out of a population of 2,449 persons ! ! Can there 
i)e any evidence of a higher character, to show, that the treaty 
for the removal of the Seneca Indians is fraudulent, ^n-A does 
not express the will of one of the contracting parties — a party 
more deeply interested in the case, a thousand fold, than the 
other. 

Having, as before stated, obtained much information, in re- 
lation to the objects of their mission, delegates from three Yearly 
Meetings were appointed to lay the same before the President 
of the United States. On their way to Washington, Balti- 
more Yearly Meeting being then sitting, the concern was 
laid before that body. Entering into deep sympathy with the 
Indians in their present suffering state, that meeting directed 
its committee on Indian concerns, to unite with committees 
already appointed, and acting on behalf of the three Yearly 
Meetings of Genesee, New York, and Philadelphia, in their en- 
deavors to assist and protect the New York Indians, on the 
present trying emergency. 

Thus united, the delegates proceeded to the seat of govern- 
ment, and on the 1st of the Eleventh month last, presented to 
the President the following memorial. 

To the President of the United Slates : 

The undersigned, on behalf of the several committees on In- 
dian concerns, appointed by tlie four Yearly Meetings of Friends of 
Genesee, New York, Pliilatlelphia, and Baltimore, 
Respectfully rei'resent : 

That the religious Society of Friends, since the first setdement 
of Pennsylvania, has ever maintained with the aborigines of our 
<-ountry the most cordial and friendly relations. The numerous 
acts of kindness — the protection and support — received by our enu- 



[ 21 J 

grating ancestors from that people, have left on the minds of their 
successors the most lasting impressions of gratitude. The friend- 
ship cemented by the justice and magnanimity of William Penn, on 
the one side, and by the benevolent conduct of the natives on the 
other, has been as lasting as it was honorable to both. The origi- 
nal treaty between them was never violated on either side. When 
the administration of the colonial government had passed outofthe 
hands of the proprietaries, Friends did not forget the obligations of 
gratitude and justice. On all proper occasions they appeared on 
behalf of the Indians, as their friends and counsellors. They sent 
agents to reside among them, to instruct them in the arts of civi- 
lized life ; and, at great expense of time and money, labored for 
their civilization and improvement. The Senecas, Tuscaroras, 
Cayugas, Onondagas, and Oneidas, from their proximity to 
the settlements of our people, became the peculiar objects of our 
care. 

It is not, therefore, from any desire to meddle in the affairs of 
government, or to call in question the benevolence of its intentions, 
or to interfere with the just claims of any of our fellow-citizens, 
that we appear on the present occasion. Our object is, that the 
government of our country may exercise justice and mercy towards 
a weak and defencelesss people, and maintain a character that, 
while it stands without reproach in the face of the world, will com- 
mand the respect of every virtuous citizen. 

A treaty, concluded between the United States and some of the 
chiefs, headmen, and warriors, of the several tribes of New York 
Indians, bearing date January 15, 1838, was, by the President, 
transmitted to the Senate for its consideration. The great object 
of this treaty, on the part of the government, was the removal of 
that people to certain lands assigned them beyond the Mississippi. 
The Senate, designing to do justice between the parties interested, 
and to shield the Indians from the aggressions and fraud of the 
whites, with a magnanimity proper to the exalted station assigned 
it by the Constitution, refused to ratify that instrument in form as 
presented. The treaty was amended in several important particu- 
lars, and it was then ordered, that so modified, it should be " fully 
and fairly explained to each tribe, separately, in open council, and 
that a majority of the chiefs should voluntarily and freely assent to 
each and all of the amendments made by the Senate." This being 
done, and the treaty signed by such majority, it was to be binding, 
otherwise to have no force or effect. 

The object of the Senate, in thus directing that the treaty so 
amended should be " fully and fairly explained in open council,'' 
was obviously to prevent frauds, so easily practiced by artful men 
upon an unlettered and unsuspecting people. The Senate well 
knew that all the means which avarice could bring into action, 
might be privately employed, in order to remove the Indians. 



[ 22 ] 

They knew that 116,000 acres of rich and fertile land, surrounded 
by populous cities and towns, in the very heart of an agricultural 
district, hisjlilv improved and extremely productive, were a great 
leniplation, and they wisely and honorably prescribed that the trans- 
action should take place in " open council^ 

'riie directions of the Senate, so far as they enjoined that the 
amendments to the treaty shoukl be " fully and fairly explained to 
each of the tribes in open council," appear to have been complied 
with ; and it is to be presumed that tlie Indians well understood 
those explanations. But what was the result ? The United States 
I'ommissioner, in a letter dated Washington, October 25, 1838, says, 
•' I then received sixteen signatures." 

On the part of those who are in favor of emigrating, it is afhrm- 
cd that the number of chiefs, duly qualified, is but eighty-one ; 
while the non-emigrating party declare there are upwards of?n'/2e- 
/?/. 'i'aking, however, the lowest number, there were but six- 
teen chiefs out of eighty-one who signed the treaty in " open 
rmoicil.^'' 

But the commissioner (by what authority, is not stated) had in- 
formed the Indians, that " those who from fear, or other cause, 
should prefer to sign the treaty at his room, might do so." In 
pursuance of this arrangement, thirteen chiefs were induced to come 
forward and sign the treaty in the commissioner's room ! Subse- 
quently two other signatures were obtained, by waiting on the 
chiefs in their own private houses ! Thus the names of thirty- 
one, out of more than eighty cliiefs, appear as sanctioning that 
treaty ! 

Of this procedure on the part of the commissioner, the Indians, 
heavily complain. They affirm it to have been the uniform prac- 
tice of the nation to execute such instruments in open council, un- 
less in cases where delegates were specially appointed by the na- 
tion for that purpose. To a people who have not the use of a 
written language, customs sanctioned by immemorial usage, have 
the force of laws, are respected by them as such, and ought to be 
so respected by others. It requires but little knowledge of human 
nature to perceive that the mode of procuring signatures to a treaty, 
as adopted by the commissioner, if sanctioned by tlie government, 
must open a door for all manner of corruption and fraud. That it 
did so on tlie present occasion, is affirmed by the Indians, and 
proved by a long train of evidence of unquestionable character. 

If the Senate, by directing that an explanation of the amend- 
ments should be had in open council, intended to prevent frauds, 
why should their execution be in private? We cannot perceive 
that there is more, or even as much danger of fraud in a private 
explanation as there is in vl private execution of a treaty ; and we 
see no ground in the resolution of the Senate for supposing that it 
intended a private execution of that instrument. 



[ 23 ] 

The treaty, thus signed, was returned to the Executive. Not 
satisfied that the requisitions of the Senate had been complied with, 
the President, with a just regard to the high trust reposed in him, 
refused to sanction the proceedings of the commissioner, so far as 
regards the Seneca nation. 

Having failed to obtain such an assent to the amended treaty as 
the resolution of the Senate required, the commissioner again re- 
paired to the Seneca nation, and there directed the sub-agent of the 
United Stales to give public notice that he was present and autho- 
rized to take the signatures of such chiefs as desired to give them. 
In his second report to the Office of Indian Affairs, he says : "Af- 
ter this notice, ten additional names were received to the assent, 
making in all forty-one/^ Three additional names were subse- 
quently forwarded to Washington, after the treaty was under con- 
sideration. 

It becomes our duty now to show by what means the names of 
a very considerable number of the chiefs who signed, or appear to 
have signed that treaty, became attached to it. We have seen that 
only sixteen of them signed it in open council ; the others, amount- 
ing to twenty-eight, were, privately ohlhned. 

It may be proper here to premise, (though the fact is generally 
known,) that the Ogden Company holds a pre-emptive claim to 
the lands of the Seneca Indians ; that is, as we understand it, an 
exclusive right to purchase these lands when the present owners 
choose to sell them. This right is vested in that company by pur- 
chase from the assigns of the State of Massachusetts. Powerful 
in its resources, this company is seeking, by various means, to dis- 
possess the Indians. W lienever and wherever a treaty is to be held 
with this nation, then and there we find the Ogden Land Company, 
by its agents, prepared to put in operation their measures to per- 
suade or drive these Indians from their present homes. 

Among the various means employed to obtain signatures to the 
treaty, one is, by large rewards and specious promises, to secure 
the services of influential chiefs, and binding them to " use their 
best exertions and endeavors to dispose and induce the said In- 
dians to sell and release, by treaty, their lands." By sundry docu- 
ments, exhibited to us by the Seneca Indians at the late council 
held at Cattaraugus, it appears, that to eight chiefs of that nation 
the payment of 821,600 was promised, upon the faith of written 
articles duly executed by the company's agent, for the pupose 
aforeasid. 

By an article of agreement between the said agent and John 
Snow, a Seneca chief, dated 29th July, 1837, the said chief was 
to receive the sum of $2,000 and a lease for life of the farm on 
which he resides. Afterward, when the amended treaty was press- 
ed upon him, he declares, under oath, that General Potter, agent 
of said company, offered him $4,000 if he would sign the assent 



[ 24 ] 

(0 the amendments, and that he should have a deed for two hun- 
dred and thirty acres of land wherever he should choose it, and 
tliat deponent's wife might call on him for S-^O. After his signa- 
ture was obtained, as described in the aflidavit. Potter made him a 
present of -Si 00. 

Samuel Gordon, anollier of said chiefs, by an article dated Au- 
gust 7, 1837, was to receive for his services in the premises the 
sum of 86,000. 

(ieorge Bennett, another chief, by an article bearing date Au- 
gust 7, 1837, was to receive on the same account the sum oi 
86,000. 

George Bigdeer, another of said chiefs, for tlie like services, was 
to receive the sum of 8i,000 and a lease for ten years of the land 
on which he resided, containing about fifty acres, as appears by an 
article dated September 16, 1837. 

Blue Eyes, another chief of tliat nation, for signing the treaty, 
and for his services aforesaid, was to receive 82,000 and a lease 
for life of the land on which he resided, containing about fifty 
acres. 

Jacob Jimeson, another Seneca chief, for his services as aforesaid, 
and for signing the said treaty, was to receive 81,000. 

John Gordon, a chief of said nation, for signing the said treaty, 
and for services as aforesaid, was to receive 81,100 and a lease for 
ten years of about sixty acres of land, improved and now occupied 
by him, on the Alleghany reservation. 

Levi Halflown, a Seneca chief, for his services and influence, 
was to receive 8500 and a lease for about si.xty acres, to hold the 
same so long as he shall continue to live thereon. 

The Committee on Indian Affairs, to whom was referred the 
President's message, dated January 21, 1839, transmittinga treaty, 
as amended by the Senate, in their able and lucid report, say : 
" Those opposed to the treaty accuse several of those who have 
signed their assent to the amended treaty with having been bribed, 
and, in at least one instance, tliey make out the charge very clear- 
ly." We trust the accompanying documents, containing copies of 
similar contracts, will make out the charge with equal clearness ; 
in other instances and by fair inference we may conclude the charge 
true in many cases not yet come to light. 

But we have seen that, in addition to the sum of 821,600, to be 
paid to the aforenamed eight chiefs, as a reward for seducing their 
fellow chiefs to sell the lands of their unwilling constituents, there 
was an engagement entered into, by the agent of the Ogden 
Land Company, to give four of the said chiefs leases of lands on 
their present reservations ; some for life, some for a term of years, 
some during actual occupation, and one a fee simple title for 230 
acres, " on condition of services to be [by them] faithfully perform- 
ed in the premises," &c. By such leases and conveyances the 



[ 25 ] 

apparent order of things is to be curiously reversed ! The emi- 
grating party is to stay at home, while the party averse to a remo- 
val are to be driven from their lands and firesides against their con- 
sent ! We have no doubt, from a variety of evidence, that one of 
the most powerful inducements ofl'ered to the emigrating chiefs 
(under the impression, from repeated assurances, that the treaty 
would, at all events, be enforced,) was the belief that, if they com- 
plied with the wishes of the Ogden Company, they would be 
permitted to live and die on their native ground ! 

Little Joe, a warrior of the Seneca nation, resident at BufTalo, 
in an affidavit taken before H. A. Salisbury, dated February 7, 1839, 
deposes and says : " There were frequent meetings of the pur- 
chasing company with those who were hired as runners, to de- 
vise means to accomplish the company's purpose ; that, at such 
meetings, there was a bounty of #40 per name ofl'ered to such run- 
ners as should obtain the signatures of chiefs to papers said to be 
powers of attorney, made either to the Indian agent or one of the 
company, or one of the emigrating Indians, empowering said agent, 
one of the said company, or Indians, to affix said chiefs' names to 
the assent to the amentiment ; and further, that the runners were 
instructed to leave no means untried to obtain the signatures of 
chiefs to said papers, especially with such as could be worked upon 
by liquor." 

David White, a chief of the Seneca nation, residing at Buffalo, 
by affidavit bearing date February, 7 1839, deposes, that while 
commissioner Gillet was in Buffalo last fall, one John Ji meson (an 
Indian and runner for the purchasing company) came to this de- 
ponent and offered him $1,000, cash in hand, provided this de- 
ponent would go down to Buffalo to the mansion house (a tavern) 
and sign the assent to the Senate's amendments, which deponent 
absolutely refused ! Such were some of the means used to effect 
the company's purposes ; but others, if possible, still more objec- 
tionable, will now be adverted to. 

By an afiidavit, signed by Big Kettle and seven other chiefs of 
the Seneca nation, bearing date February 7, 1839, it appears that 
John Hutchinson, Charles Greybeard, and Fisher Peirce, three In- 
dians of that nation, residing at Cattaraugus, had attached their 
names to the amended treaty as chiefs, and that they obtained this 
title by a sham election at a tavern in Buffalo last fall ! The depo- 
nents say that such an election is fraudulent ; no election to the of- 
fice of chief being valid unless sanctioned by the Six Nations in 
council assembled. 

John General, a chief of the Seneca Nation, in his affidavit, dated 
February 7, 1839, says, that, near the close of the council held last 
summer by R. H. Gillet, being on his way to Buffalo, he was en- 
ticed by one of the runners of the purchasing company into a ta- 
vern and pressed to drink some ardent spirits, which he did, and 

3 



[ 26 ] 

linally became iiitoxicated, in which state he was strongly pressed 
to sign the assent to the amended treaty, which he constantly re- 
fused. He furliier deposes that he has since been informed his 
name is aflixed to it ; and solemnly declares, that he never so af- 
lixed it, unless it was when he was so drunk that he did not know 
it, and has never since remembered it. 

In a letter from one hundred and forty young warriors of the 
Seneca nation to the Secretary of War, dated April G, 1839, thev 
say : " The fact is, that those chiefs who are in favor of emigra- 
tion have, almost to a man, by bargains with the purchasing com- 
pany, provided for ihe/uture residence of themselves and families 
for life ! Those very men who are most urgent for us to go, are 
the very men who are to stay !" 

Whatever may have been the reasons in favor of the removal o' 
the Indians in the southwestern parts of the United States, we do 
not think they are applicable to the case of those on whose account 
we now appear. It is true that the Indian nations who formerly 
resided on the Atlantic frontier have been either wholly extermi- 
nated or driven back. At the touch of the " white borderers," they 
have been consumed. In an uncivilized state the red man receives 
the vices and diseases of the white, but is not prepared to practice 
his virtues or to use his remedies. These vices and diseases have 
juade more havoc among the aborigines of our country than the 
tomahawk or the sword. But the country surrounding the Seneca 
Indians is now civilized and densely populated. Instead of per- 
petually meeting the rude squatter, who, with his rifle and his rum 
bottle, neither fears God or regards man, the New York Indian 
has only to step over the geographical line which marks the boun- 
dary of his reservation, and he finds himself in the midst of an in- 
telligent and virtuous population. He sees fertile fields, in a high 
state of improvement, rendered profitable by a judicious system of 
agriculture ; he sees beautiful specimens of building, securing the 
comforts and elegancies of lil'e, and commanding his admiration by 
their adaptation to our wants or our tastes. Instead of examples 
whose only tendency is to corrupt and debase him, he sees on eve- 
ry side models of industry, sobriety, and order. 

The greatest obstacle to the civilization of the Indian is his aver- 
sion to labor. Civilization is a system of restraints. At every 
turn it demands a sacrifice of personal ease. In his natural state, the 
pleasures of the Indian feed him. He procures his/oo(/ hy Jis king 
and hunting. In the state to which we invite him, " by the sweat 
of his face he must eat bread." To arrive at this state, both na- 
ture and hdbil must be overcome. It is not, therefore, a subject 
of wonder that he slowly and reluctantly yields to the necessity of 
a change. No nation, perhaps, ever became civilized but by the 
force of circumstances. But the situation and circumstances of the 
New Fork Indians have brought them to this necessity : either 



r 27 ] 

civilization or extermination must overtake them, and they gene- 
rally know it. They have perceived it for some years past, and 
partly from this conviction, and partly by the force of example, 
they have within a short period, made more rapid advances in the 
arts and improvements of civilized life than at any former time. 

j\I. B. Pierce, a young Indian of the Seneca nation, who, through 
the bounty of our jGovernment, has received a liberal education, 
writing on this subject, makes the following statement in relation 
to his tribe: "In business there is much greater diligence and in- 
dustry; their teams, in respect to oxen, horses, wagons, sleighs, &c., 
are more in number and better in quality than formerly; and, in 
these respects there is a constant improvement. The men labor 
7nore comparatively, and the women less, except in their appro- 
priate sphere. With regard to buildings, they are much more 
conveniently planned, and of the best materials, both dwelling-houses 
and barns, and new ones constantly going up. Those who have 
not lands of their own under cultivation are much more willing to 
hire themselves to labor for others ; this shows that the idea that 
work is dishonorable, is done away. There are among us good 
mowers, and cradlers, and reapers ; bhcksmiths, carpenters, shoe- 
makers, and other mechanics, do work enough for their brethren. 
There are several wagons in the nation that are worth more than 
$100. Manure is sometimes applied, which, but five years ago, 
was almost universally wasted. With regard to their mode of liv- 
ing, tables, chairs, bedsteads, and cooking apparatus, have been 
purchased of the whites, or manufactured in imitation of them ; and 
they are used to a greater or less extent in every family. The 
habit of taking regular meals is gaining ground, and the provision 
luxurious. They are more attentive and judicious in the care of 
the sick, and rely less on notions and quackery. They employ 
skilful physicians, and use the medicines with less prejudice and a 
great deal more confidence. We have other evidences of improve- 
ment, in the increase of industry, and a consequent advance in 
dress, furniture, and all the comforts and conveniences of civilized 
life. The fields of the Indians have never been kept in such good 
order, nor managed with so much skill, as within a few years. At 
public meetings and other large assemblies they appear comforta- 
bly and decently, and some of them richly clad. There are many 
of them who keep themselves well informed of what is going on 
in the country. Newspapers have been taken from Washington, 
Philadelphia, New York, and other cities in the United States, and 
two or three copies of the ' Genesee Farmer.' Some of the young 
men have libraries, and in them a choice selection of books. All 
these improvements are advancing at a rapid rate." 

From other sources of information, and from our own knowledge, 
we believe this picture is not overcolored. The increasing intelli- 
gence of the Indians is qualifying them better to appreciate the 
advantage of their present location ; and the consequence is, that 



[ 2S ] 

they are more and more averse to a change of residence. The 
events of the two preceding years have caused them to reflect, to 
investigate, to reason ; and a number of those who, when the sub- 
ject of emigration was first proposed, and large rewards offered for 
their compliance with the measure, were willing to sign the treaty, 
have since become the most decided opponents of the scheme. 

By a census taken during the present summer, and confirmed by 
affidavits, it appears that not one-fifteenth part of the Seneca na- 
tion are willing to go to the West; and this we believe to be the 
result of their own deliberate reilection, as strongly, and in a very 
affecting manner, expressed by one of their chiefs in the presence 
of the Secretary of War, at the late council held at Cattaraugus. 
Out of a population of 2,449 on the four reservations, there are only 
138 who are willing to remove, including the children of parents 
in favor of emigrating. 

But it has been maintained by the pre-emption company and 
their advocates, that those willing to emigrate have been deterred 
from signing the treaty through " fear," and the United States com- 
missioner, K. H, Gillel, very plainly insinuates the same idea, 
where he says " those who, through fear or other cause, should 
prefer to sign the treaty at his room, might do so." Now, sup- 
posing that a majority of the chiefs had signed the treaty, and that 
such a majority implied a majority of the people, we see no cause 
why there should not be as much fear on the one part as on the 
other ; for they are all Indians, and one party is no more entitled 
to the character of savages than the other. If, however, there is a 
consciousness oi perfidy and wrong on the side of the minority, \i 
it has yielded to improper influences, and, from selfish motives, 
has done what it could to drive from their native homes foitrteen- 
fjleenths of their brethren and sisters, it is very reasonable to sup- 
pose such minority would be haunted with those fears, which are 
the usual concomitants of guilt. If the emigrating party is as 
anxious to go as the other is to stay, why should there not be as 
much fear in one case as the other ? We consider the allegation of 
" fear" a pretext or an excuse for z private execution of the treaty, 
in violation of the established usages of the nation. 

By the report of the Senate's committee, it appears to have been 
their opinion, that, in order to a fair expression of the national 
will, the signatures of the chiefs ought to have been affixed to the 
treaty in " open council." " If," say they, " these forty-four had 
signed the amended treaty in open council, the committee would 
consider that the requirements of the Senate had been complied 
with, at least with the appearance of having a majority." But, we 
have seen liiat only sixteen names, out of eighty-one, were thus 
obtained. On this principle, it was not then, nor is it now, a valid 
treaty. 

We liave seen by the census of the four reservations, that less 
ll'.an one-fifteenth part of the nation are in favor of removal ; a con- 



[ 29 ] 

elusive evidence that the signatures reported by the United Stales 
commissioner do not fairly express the will of the people ; and 
this fact carries with it a strong presumptive evidence that most of 
the chiefs who signed the treaty were influenced by other motives 
than the will of their constituents. 

Under these circumstances, if there be real cause of year, that 
fear should have reference to the period when they met their bre- 
thren beyond the Mississippi, suffering under a consciousness of 
wrong, and irritated by the difficulties and privations incident to 
a new settlement in an uncultivated wilderness. 

But if the emigrating party really believe it would be for their 
interests, and for the interests of their children, to return to the 
habits and manners of savage life, their more liberal opponents 
would not interpose to thwart their views. In the late council at 
Cattaraugus, the non-emigrating party, in the presence of the Sec- 
retary of War, announced their willingness that " those who are 
willing to go, may go, and take their share of the common proper- 
ty." " We will not," said their official organ, " refuse them their 
share of whatever belongs to them." An offer so liberal and so 
just, we think, ought to salify them. 

Under former administrations, it was a favorite policy of the gov- 
ernment to promote the civilization of the Indians, and large sums 
were appropriated for that purpose. But many of our fellow-citizens 
now entertain the sentiment, and we have no doubt sincerely, 
that the Indian is an untamable savage, made for the wilderness, 
and only capable of subsisting in a state of nature ! We think the 
sentiment is erroneous — that circumstances only, make the difference 
between them and the white men. Our ancestors, in the island of 
Great Britain, when the polished Romans invaded their territory, 
were as savage as the natives of our own country at the planting of 
the first colony in Virginia ; they painted their bodies and clothed 
themselves in skins. Centuries rolled away; the example of a civ- 
ihzed state, with all its advantages, was before them, and yet they 
remained nearly as barbarous as when first visited by a Cassar! Six 
hundred years after the invasion, they were far less improved in the 
arts of civilized life, than are our Indians, after the lapse of one-fourth 
part of that time. In the Seneca nation, the march of improvement 
in science and morals, as well as in their physical condition, is, 
perhaps, without a parallel in the history of our species ! It is true 
much is yet to be accomplished — but the lights of experience shine 
on our path — the facilities of intercourse are astonishingly multiplied 
— and nothing, we think, is wanting to the consummation of our 
wishes, for the complete civilization of the New York Indians, but 
a faithful application of the means which a benevolent Providence 
has put into our hands, or placed within our reach. 

We had fondly hoped that this small remnant of the once pov.'er- 
ful nations, which, but little more than a century ago, peopled our 

3* 



[ 30 ] 

forests, and covered the lace of our vast country, might have been 
permitted to enjoy in peace the small remains of their inheritance ! 
We had hoped, that by the fostering care, and kind protection of 
our government, they might have been preserved to future genera- 
tions, a fair specimen of our aboriginal race — a noble monument of 
the justice and magnanimity of our nation ; and, we trust, that these 
hopes mav not yet be wholly frustrated, in a national point of 
view, their removal can be no prominent object — they are few in 
number, and occupy little room ! 

In the peaceable possession of their lands and improvements, 
these Indians are entitled to the protection we ask for them, not 
only by the requisitions of mercy and justice, but by the express 
assurance of the government, whose faith has been solemnly and 
publicly pledged for that purpose. By an instrument of writing, 
under the hand of General Henry Dearborn, and seal of the War 
Office, dated iMarch I7th, 1S02, now more than thirty-seven years 
ago, it is among other things, declared, " that all lands claimed by 
and secured to the Seneca and Onondaga Indians, by treaty, con- 
vention, deed of conveyance, or Reservation, lying and being within 
the said United States, shall be and remain the property of the said 
Seneca and Onondaga Indians, for ever; unless they shall volunta- 
rily relincpiish or dispose of the same. And all persons, citizens of 
the United States, are hereby strictly forbidden to disturb the said In- 
dian nations, in the quiet possession of said lands." 

By those who desire the removal of the Indians, without regard 
to the means, it is contended, that a signature of the treaty, by 
a majority of the chiefs, ought to sanction its ratification. If such 
majority had signed it in the free and unbiased exercise of their 
judgment, we should not have app6;ared on the present occasion. 
\^ e have no desire, either to prevent the Indians from pursuing their 
hap[)iness in their own way, or to oppose the pre-emption company, 
n\ the pursuit of their interests, by just and honorable means. But. 
when questions, deeply affecting the rights of others, are to be decid- 
ed by majorities, it ought to be presumed, that a majority of votes, 
on such questions, fairly represents the will of a majority of the 
people interested. To support a contrary opinion, would be to 
argue, that the will of a minority should govern in the case, and 
thus to remove the very foundation of all republican institutions. 
We are cnufideut that our present rulers are not prepared, either in 
theory or practice, to support such a doctrine; and all we ask, in 
the present case, is, that the "amended treaty" may not be ratified, 
until, after a fair and iin|)artial investigation, it shall appear that a 
majority of the Indians interested in the treaty, are in favor of its 
stipulations. 

We thus (wpress ourselves because of the high confidence we feci 
in the integrity of our government ; a confidence supported and con- 
firmed ijy its i)ast action in reference to this treaty. A committee 



[ 31 ] 

of the Senate, in the report which has been before alluded to, has 
nobly sustained the sentiments of the memorialists. In that report 
they say, " If these forty-four had signed the amended treaty in 
open council, the committee would consider that the requirements 
of the Senate had been complied with, at least with the appearance 
of having a majority ; but it is in vain to contend that the signa- 
tures of the last ten, vvhich were obtained on the second mission, or 
of the three who have sent on their assent lately, is such a signing 
as was contemplated by the resolution of the Senate. It is compe- 
tent, however, for the the Senate to waive the usual and customary 
forms in this instance, and consider the signatures of these last 
thirteen as good as though they had been obtained in open council. 
But the committee cannot recommend the adoption of such a prac- 
tice in making treaties, for divers good reasons, which must be ob- 
vious to the Senate. Among those reasons against the secret indi- 
vidual negotiations, is the distrust created, that the chiefs, by so 
acting, are doing what a majority of their people do not approve, 
or are improperly acted upon by bribery or threats and unfair in- 
fluences.^'' 

To contemplate a forcible removal of the Indians, and the heart- 
rending scenes that must accompany such removal, is shocking to 
every sentiment of justice and humanity. To see a great and 
powerful nation, lending its aid to oppress the weak and helpless, 
must tend to loosen the attachment of the people to their govern- 
ment, and would do more to weaken the bond of our national union 
than all the enemies of a just people could ever effect. The United 
States, by the peculiar nature of their institutions, stand conspicu- 
ously before the world. On the purity of our national administra- 
tion, in a great measure, depends, not only the happiness and pros- 
perity of our own citizens, but, perhaps, the success of one of the 
most momentous and interesting experiments vvhich has ever been 
exhibited to the view of mankind. The great question, whether in 
a collective capacity men are capable of self-government, is yet to 
be finally decided. The happy decision of that question depends 
upon the virtue of the nation. May the great Ruler of the Universe, 
in his boundless mercy, so direct the delegated authorities of our 
countiy, that in all their decisions involving the rights of others, 
they may be governed by the principles of truth and justice ; for it 
is a maxim sanctioned by Divine authority, and in perfect accordance 
with universal experience, that '• Righteousness exalteth a nation, 
but sin is a reproach to any people." And may the President, when 
he retires from the arduous duties of government, to the quiet enjoy- 
ments of private life, experience the highest reward of an upright 
statesman, "the inward consciousness that in all his movements he 
has honestly endeavored, by the worthiest means, to promote the 
best ends — the present and future welfare of his country and of 
mankind." 



[ 32 ] 



Siffned on behalf of the said committees, 
GRIFFITH M. COOPER, 
WILLIAMS. BURLING, 
VALENTINE HICKS, 
AMOS WILLETS, 
ABRAHAM BELL, 
ROBERT HICKS, 
SAMUEL J. UNDERHILL, 
BENJAMIN FERRIS, 
JOHN WILSON MOORE, 
JOHN JACKSON, 
RICHARD PRICE, 
PHILIP E. THOMAS, 
PHINEAS JANNEY, 
WILLIAM E. BARTLETT. 
Eleventh month 2, 1839. 



Genesee. 



Neic York. 



Philadelphia. 



Baltimore. 



In the latter part of the First month last, our friend Griffith 
M. Cooper, returned from a mission to the Seneca Indians, 
with additional authentic evidences that the amended treaty 
had not been executed in conformity with the directions of 
"he Senate. It was then deemed advisable again to address 
the President, and furnish him with this testimony. A dele- 
2;ation from the committees of the four Yearly Meetings, 
accordingly repaired to Washington with the following me- 
morial: 

To the President of the United States.- 

The committees of the four Yearly Meetings of Friends of Ge- 
nesee, New York, Philadelphia, and Baltimore, who, by their 
delegates, waited on the President on the 1st of Eleventh month 
last, in behalf of the New York Indians, 
Respectfi'lly represent: 

That in pursuance of their object, as expressed in their letter to 
Jie President, dated Eleventh month 4, 1839, they have taken such 
measures to ascertain facts, in relation to the execution of the 
amended treaty with the Seneca nation, as may assist the President 
to form a just conclusion on the subject. In our interview with the 
President, we understood him distinctly to say, that if he should be 
lully assured that a majority of their chiefs had not fairly signed 
that treaty, or authorized others to sign it on their behalf, he should 
not think himself at liberty to ratify it. The committees of those 
Yearly Meetings were already convinced, from a great mass of tes- 
timony of unquestionable character, that such majority had never 
so signed that instrument ; but in order more fully to substantiate 
that opinion, they resolved, by a special mission, to investigate the 



[ 33 ] 

subject in a more formal manner. To be prepared for such an 
investigation, they addressed a letter to the Secretary of War, re- 
questing him to furnish them with the names of all the chiefs attached 
to the treaty as amended. With this request he kindly complied, 
and by letter dated " Office of Indian Aflairs, Washington, Novem- 
ber 22, 1839," a list of those names was furnished the committees. 
Thus prepared, our friend Griffith M. Cooper, on our behalf, pro- 
ceeded to the city of Buffalo, and opened to a few of the chiefs the 
nature of his errand. Wishing to forward the object of his mission, 
they called a council, and invited him to be present. A full exami- 
nation of all matters connected with that object was then made ; and 
after a laborious investigation, the following results were obtained, 
which we now lay before the President. 

It appears, by reference to the amended treaty, that forty-one 
names are attached to it, as chiefs of the Seneca nation. Of these, 
there are six who were not then, nor are they now chiefs. Their 
names are as follows, to wit: Reuben Pierce, Jim Jonas, John 
Gordon, Charles Graybeard, John Hutchinson, and Charles F. 
Pierce. 

The first two of these have never held any higher station than 
" runners." For evidence of this fact, we refer the President to 
the affidavit of Seneca White, dated December 11, 1839. Docu- 
ment No. 4. 

That the aforesaid six Indians never were considered chiefs of 
the Seneca nation, and therefore had no authority or right, accord- 
ing to the laws or customs' of the confederation, to sign any treaty 
whatever, is shown by the affidavit of sixty-seven chiefs, sworn be- 
fore H. A. Salisbury, commissioner of deeds for Erie county, dated 
December 11, 1839. See document No. 2. 

John Gordon, one of the said six Indians, swears that he never 
was a chief. See affidavit dated December 11, 1839. Sec docu- 
ment No. 3. 

There are six other names of chiefs attached to the treaty, who 
solemnly swear that they never signed it, nor in any way authorized 
others to sign it on their behalf, to wit : John Tallchief, John Ge- 
neral, Major Jack Berry, Samuel Wilson, John Bark, and Sky 
Carrier. See document No. 10, and other documents now in the 
Office of Indian Affairs at W^ashington ; also Griffith M. Cooper's 
letter. 

From the forty-one names attached to the amended treaty, deduct 
the aforesaid twelve, and there remain but twenty-nine names. 
The emigration party say, there are in the Seneca nation — 

lawful chiefs - 81 

Of these, six, who have signed the amended treaty, are denied 

to be such by the non-emigration party, upon grounds before 

stated . - - 6 

Leaving undisputed chiefs "75 



[ 34 ] 

Tlic non-emigration party say, there are in the nation — lawful 
chiefs 91 

Of these, sixteen arc denied to be such by their opponents - Itt 

Leaving, as before, undisputed chiefs - • - -73 

Of these undisputed chiefs, only twenty-nine have signed the 
amended treaty ; leaving of undisputed chiefs against it 40 

Showing a majority against the treaty of - - - - 17 
If all are admitted to be chiefs who are claimed by both parties, 

they amount to -------- 97 

Of these, forty-one appear as sanctioning the treaty - - 41 
Leaving a majority against the treaty of - - - - 16 

But of the forty-one whose names appear upon the treaty, there 

are six who swear they never, in any way, sanctioned the 

treat}- — deducting these, the majority would be - - 21 

If all are admitted to be chiefs who are claimed by both parties, 
the whole number, as above shown, is ninety-seven ; and a majority 
of this number is forty-nine. As only forty-one chiefs signed the 
treaty, it is clear that a majority did not sign it. 

If, on the other hand, we reject the disputed chiefs, we find the 
number remaining to be seventy-five. In the 41, who are alleged 
to have signed the treaty, are the names of 12 disputed chiefs ; 
leaving 29 who are not disputed, and who, of course, are not a ma- 
jority of 75. 

From this statement, it appears that, whether we try the issue 
upon the admission of all the chiefs claimed by both parties — and 
if they be admitted in one case, they must, in equity, be so in both 
— or whether wc try it by admitting those only who are acknow- 
ledged by each party ; in neither case will it be found that a majo- 
rity of the chiefs liave signed the treaty. 

In our former communication we stated to the President that, out 
of a population of 2,505 Indians, men, women, and children, be- 
longing to the Seneca nation, only 146 were professedly willing to 
remove. This fact shows that some powerful motive has been in 
operation upon many of the chiefs, inducing them to violate the will 
of the people, which, in duty, they were bound to consult. To that 
motive we distinctly pointed in our former memorial. 

That the emigration party do not wish to remove, appears from 
the fact, that they have, in many cases, (probably in all,) by con- 
tracts with the pre-emption claimants, secured a home for life on 
the lands they now occupy. 

In the council held by Commissioner R. II. Gillet, in the year 
183S, although it was protracted for about lour weeks, only fourteen 
acknowledged chiefs openly signed the amended treaty. All the 
other signatures were either obtained i)rivately, or attached to it 



[ 35 ] 

without the consent of the chiefs, whose signatures they purport to 
be, or they were tlie signatures of persons who were not chiefs. 

We hope and trust that when the President shall have considered 
these facts, and others exhibited in the various documents presented 
on this subject, he will see sufficient cause to withhold his assent to 
a treaty, which, if carried into effect under present circumstances, 
can hardly fail to exasperate a great majority of the nation, and 
may finally lead them to war and bloodshed among themselves. 
Signed on behalf of said committees. 

GRIFFITH M. COOPER, Genesee. 

ABRM. BELL, ^ 

DOBEL BAKER, ' ^^ , 

SAMUEL SMITH, P^^'" ^ '"''''• 

THOMAS CARPENTER, J 

WM. WHARTON, 1 

GEO. M. JUSTICE, | 

JOHN H. BUNTING, [Philadelphia, 

JOSEPH WARNER, | 

BENJ. FERRIS, J 

P. E. 'THOMAS, ^ 

WM. E. BARTLETT, I p ;,. 

JACOB LAPETRA, } J^aitimore. 

PHINEAS JANNI^^Y, J 
Washington, First month 29, 1840. 

On their arrival at the Seat of Government, they were in- 
formed by the Secretary of War, that the President had 
returned the treaty again to the Senate ; upon which it was 
thought proper to address that body on the occasion, and the 
following memorial was accordingly presented. 

Memorial from a rneef.ing of Friends in Genesee, New York, 

Philadelphia, and Baltimore, adverse to the treaty. 
To the Senate of the United States : 
The memorial of the joint committees of the four Yearly Meet- 
ings of the Friends of Genesee, New York, Philadelphia, and 
Baltimore, 
Respectfully represents : 

That, ever since the settlement of Pennsylvania by William 
Fenn, the Society of Friends have held the most friendly intercourse 
with the natives of our country. A friendship, arising from a re- 
ciprocation of benefits, has been maintained between them, without 
any interruption. It is now more than forty years since that society 
formed establishments on some of the reservations in the western 
part of New York. These establishments, having for their object 
the instruction of the Indians, in agriculture and the arts, with a 
view to their civilization, have been maintained at great expense of 



L 36 ] 

money, time, and labor, wliich have had the effect to secure their 
confidence, and to cause them, wlien under difficulty or embarrass- 
ment, to apply to Friends for counsel and assistance. It is under 
these circumstances, and at their request, that we now appear be- 
fore you. 

A treaty made with the Indian tribes in that region, in the 
year 1838, was submitted to the Senate. With a view to protect 
and secure these Indians from improper influence, that body amend- 
ed the treaty by making several important additions to it, and 
then passed the I'oUowing resolution to wit: 

" Resolved. That this treaty shall have no force or effect whatso- 
ever, as it relates to any of said tribes, nations, or bands of New 
York Indians ; nor shall it be understood that the iSenate have as- 
sented to ^any of the contracts connected with it, until the same, 
with the amendments herein proposed, is submitted and fully ex- 
plained by a commissioner of the United States, to each of said 
tribes or bands, separately assembled in council, and they have 
given their free and voluntary assent thereto. And if one or 
more of said tribes or bands, when consulted as aforesaid, shall 
freely assent to said treaty as amended, and to their contract as 
connected therewith, it shall be binding and obligatory," &c. 

To your memorialists, it appears the Senate intended that the 
execution of the said amended treaty, as well as its explanation, 
should be done in open council. This course indeed was necessa- 
ry, in order to fulfil the honorable intentions of the Senate, and, 
we may add, in order to make the treaty valid, according to the 
laws and customs of one of the contracting parties. For, with these 
Indians, it is an established rule, that the chiefs, out of council, 
have no more power to make contracts by treaty, than any other 
individual of the nation, unless when that power has been confer- 
red upon them by the voice of the people in council assembled. 

If, by directing that the treaty, as amended, should be " fully ex- 
plained" in council, the Senate intended to prevent fraud and im- 
position, that intention would be wholly defeated by permitting a 
private execution of it; for we think it must be apparent that a 
private execution of the treaty opens a wider door for corruption 
and fraud tlian a private explanation of it. The truth of this con- 
clusion, we believe, will be manifest to the Senate, by adverting to 
facts, proved by the various documents accompanying the treaty, 
as transmitted by the Executive. 

In the resolution of the Senate, before quoted, there is no per- 
mission given for a /jn'urt<e execution of the amended treaty, nor is 
there any allusion to such a mode of expressing the assent of the 
Indians to that instrument. It would seem that the commissioner 
at first understood the resolution as we do; for after making the ne- 
cessary explanations of the amendments in open council, and pro- 
tracting its sessions for about four weeks, he only obtained sixteen 



[ 37 ] 

■signatures, hvo of which were of persons wlio were not chiefs. Il 
was not until after he had failed in this mode to obtain a majority, 
that he resorted to the other, of which the Indians so much com- 
plain. By what authority he proceeded to obtain signatures in 
private, your memorialists have never been informed. 

To us, it appears that the language of the resolution admits ol 
but one construction, and contains positive testimony in favor of 
our position, that the Senate intended that the treaty should be exe- 
cuted openly in council. The Indians were to be assembled in 
council; it was to be fully explained to them in council ; they were 
to be " consulted" in council ; and freely to assent to its provisions 
in council. It seems to us that all these transactions were intend- 
ed to be simultaneous, and all done in open council. Had the 
commissioner acted upon these views, great difficulties and much 
trouble would have been prevented. 

This will abundantly appear by reference to the voluminous do- 
cuments on this subject, already transmitted to the Senate, or yet 
remaining in the Indian Department; documents which, we think, 
will very clearly show the dangerous consequences of permitting 
solemn treaties to be executed in a private and clandestine manner. 

The commissioner, finding the open mode of obtaining signatures 
to fail, proceeded to take them privately. And now'a scene opened, 
perhaps unparalleled in the annals of negotiation. The means used 
to betray an ignorant and confiding people will be laid before the 
Senate ; means which, if successful, might subject our Government 
to the suspicion of conniving at fraud, and thus tarnish the charac- 
ter of our country. 

In the prosecution of this private course, Jifteen more names were 
added to the treaty ; now maiiing thirty-one. Thus signed, it was 
transmitted to the Executive, who, not satisfied that the requisitions 
of the Senate had been complied with, refused to sanction it; upon 
which, the commissioner, returning to the Seneca nation, prii'a^e/^ 
obtained ten more na»nes, by which the number was augmented to 
" forty-one." In ti*iis state it was laid before the Senate. Its 
Committee on Indian AfTairs, after a laborious investigation, and 
hearing testimony on behalf of both parties, made a report, in 
which they say • " This number has been increased by three addi- 
tional names, vhich have been forwarded since the treaty has been 
under consideration, which increases the number of those who 
have assented to forty-four. If these 'forty-four' had signed the 
amended treaty in open coKnci/, the committee would consider that 
the requirements of the Senate had been complied with, at least 
with the appearance of having a majority. But it is vain to contend 
that the signatures of the last ten, which were obtained on the se- 
cond mission, or of the three who have sent on their assent lately, 
is such a signing as was contemplated by the resolution of the Sen- 
ate." 

4 



[ 38 

With these views ymir memorialists entirely coincide. Since 
that report, no action has been had in relation to the treaty, ren^ 
dering this conchision inapplicai)!e to the case. The treaty re- 
mains as it tiien was, with " forty-one" signatures. Jf the conclu- 
sion of the comnnttee was then correct, and applicable to the cir- 
cumstances stated, it is equally so now ; and its execution is still 
not SKch " as was contemplated by the resolution of the Senate." 

But since that able and lucid report was made to the Senate, other 
facts and circumstances, then unknown to tliat committee, have 
been brought to light, demonstrating the truth of its statements 
and the correctness of its reasoning. With these we shall not now 
trouble the Senate, but refer it, for proof of our assertions, to the 
documents before mentioned. 

The natives on the four reservations yet in the tenure of the 
Seneca Indians, are a remnant of the powerl'ul confederation of the 
Six Nations, which, since the landing of our forefathers, have 
swayed the sceptre of authority over the northern part of this conti- 
nent. They are nearly the last of tlie aboriginal race who are left 
east of the Mississippi, to tell the sad tale of European treachery, 
of the vices and the butcheries which have reduced them to weak- 
ness and poverty. The lands they now occupy area small residue 
oftiicironce vast tern»ories. These lands, by the authority of our 
Government, have been solemnly guarantied to them, to be held in 
jKace, and without molestation, forever, or until they shall freely 
and volunfarily relinquish the same. That time has not yet come. 
Out of 2, .505 Indians yet on these reservations, only 146 are con- 
senting to remove. Their progress in civilization and the arts of 
life, made within a few years, have been unparalleled in any former 
time. The Society of Friends have long had, and still have, a 
settlement among ihem, and agents to instruct them in letters, in 
agriculture, and mechanical employmen's. These aitempts have 
been successful beyond our expectations, Uihough much impeded 
by theunsettlement, arising from frequent efforts, on the part of the 
whites, to obtain possession of their lands. Vv'ere such interfer- 
ence entirely to cease, we have no doubt their improvement would 
be greatly accelerated, and the time would be 'fastened when we 
migiit point to at least one successful experiment ("or the complete 
civilization of our native red men. Protection iVora siich interfer- 
ence is all we ask from the Government; and from the lionortible 
course it has hitherto pursued in relation to the late treaty, we hope 
and trust that our present application will not be in vain. 
Signed on behalf of the said committees. 

GRIFFITH M. COOPER. Gcncsce. 
ABRAHAM BELL, ^ 

DOl'.EL BAKER, ' ,- „ , 

SAMUEL SMl'l'IL P^"^' -'^'''• 

THOMAS CARPENTER.J 



[ 39 ] 

JOHN BUNTING, "j 

BENJAMIN FERRIS, Ip... . , , . 

JOSEPH WARNER, ^-^nuaaeipina. 

WILLIAM WHARTON, J 

P. E. THOMAS, ^ 

JACOB LAFETRA, | 

ISAAC TYSON, "... 

MOSES SHEPPARD, ^ -l^(lit^tnore. 

JOHN GILLINGHAM, | 
WM. E. BARTLETT, J 
W^ASHiNGTON, Fivst month 29, 1840. 

It appears by the message from the President to the Senate, 
dated January 13th, 1840, transmitting again the amended 
treaty, that, in his judgment, the most objectionable circum- 
stances urged by Friends, to invalidate that instrument are 
well founded. He expressly declares, that " The provision 
of the resolution of the Senate of the llth of June, 183S, 
requirins^ the assent of each of the said tribes of Indians, to 
the amended treaty, to he given in council, and which was 
also made a condition, precedent to the recommendation to 
me, of the 2d of March, 1839, to carry the same into effect ; 
has not therefore been complied with, as it respects the 
Seneca tribe." 

With reference to the transactions in council at Cattaraugus, 
in the Eighth month, 1839, before alluded to, he also de- 
clares, that " No advatice towards obtaining the assoit of 
the Seneca tribe to the amended treaty, in council, was 
made: nor can the assent of a majority of them in council, 
be now obtained." 

In allusion to the charge of bribery, the evidences of which 
are overwhelming, the President says, " That improper 
means have been employed to obtain the assent of the Se- 
neca chiefs, there is every reason to believe ; and I have 
not been able to satisfy myself, that I can consistently with 
the resolution of the Senate of the 2d of March, 1839, cause 
the treaty to be carried into effect, in respect to the Seneca 
tribe." 

Thus three of the most prominent and important points, 
urged by Friends, against the validity of the treaty, have been 
sustained by the President. 

1st. That '' the resolution of the Senate of the llth of June. 
1S38," did require that the amended treaty should receive the 
assent of the chiefs in open council. 



f 40 j 

2(i. That such assent never was given, according to the 
(lirections of the Senate, hy a mtvjority of the chiefs. 

3d. That improper means have been employed to obtain 
the assent of the Seneca chiefs to the amended treaty. 

It is declared on high legal authority, that " All deceitful 
])ractices, in defrauding or endeavouring to defraud another of 
his known right, by means of some artful device, contrary to 
the plain rules of common honesty, are condemned by the 
Common Law, and punishable according to the heinousness of 
the offence." " It is also a rule, that a wrongful manner of 
executing a thing, shall avoid a matter, that might have been 
executed lawfully." Coke Litt. 35, 36. Rol. Abr. 420, 459. 
Poph. 64, 100. Dyer, 295. 

The act of obtaining signatures to a treaty out of council, 
in a secret manner, is not only contrary to the laws and cus- 
toms of the Indians, — it is opposed to the practice of every 
nation on earth, where the will of the people is the ground of 
political action. What would the citizens of the United States 
say, if their national domain were to be alienated, by its Sena- 
tors, in a hidden or clandestine way, by a treaty executed iu 
taverns, or private houses ? And what would they say, if it 
were discovered that this transaction were brought about by 
bribery and corruption ; and was contrary to the known will 
of more than sixteen-seventeenths of the whole nation ? These 
questions need no answer. The sentence of reprobation is 
spontaneously pronounced on such iniquity by every upright 
mind ; and yet this is the conduct supported and sanctioned 
against the poor Senecas ; a people once, indeed, mighty and 
terrible, but now weak and defenceless. Well may the hum- 
ble believer in an overruling Providence " tremble for his 
country, when he reflects that God is just, and that his justice 
cannot sleep for ever." 

The documentary evidences which follow will render it 
unnecessar)^ to go more minutely into the subject. We regret 
to state that with all these evidences of illegality and unfair- 
ness in procuring and executing the amended treaty, there 
was found in the Senate a sufficient number of its members, 
ivit/i the casting vote of t tie Spealeer, to declare to the world, 
"that, in the opinion of the Senate, the treaty between the 
United States and the Six nations of New York Indians, 
together with the amendments proposed by the Senate of the 
11th of .lune, 1S3S, have been satisfactorily acceded to, and 
aj)i)roved of by the said tribes, the Soieca tril)e iitc/aded.'^ 

Notwitlistanding this decision of the Senate, considering 



[ 41 ] 

that out of the whole number of its members, ouly nineteen 
had declared themselves in favor of the treaty, the joint com- 
mittees have not believed that the cause in which thev have 
been engaj^ed ouoht to be abandoned. The Society of Friends, 
since the settlement of Pennsylvania, has ever felt itself bound 
by the ties of Christian affection, that holy principle which 
binds man to man, as the offspring of one common Father, to 
aid and protect the natives of the land. From them our an- 
cestors, under the government of William Penn, met with a 
friendly reception when strangers in a wilderness country, 
and were often assisted hy them in times of difficulty ; and as 
well tuider a sense of gratitude as of religious duty, the com- 
mittees charged with this concern, in common with our fellov/ 
members, have felt and continue to feel a deep sympathy with 
the New York Indians in their present suffering state. 

Under this feeling, on the 2Sth of the Fifth month, the joint 
committees of the four yearly meetings met in the city of New 
York. At this meeting we were informed that a delegation 
from the Seneca nation desired to have an interview with 
Friends at Farmington, during the week of Genesee yearly 
meeting, whereupon a committee of sixteen of our number 
was nominated to attend to that service. 

The committee attended to their appointment, and on the 
17th of Sixth month met the Indians at Farmington, present 
five chiefs and two interpreters. After receiving several in- 
teresting communications from them, the committee adjourned 
to meet again on the 18th, at S o'clock, A.M. 

The committees accordingly met, and on deliberate attention 
to the present trying circimistances of the natives, it was with 
unanimity agreed that they be advised quietly to remain on 
their present Reservations, and demean themselves in a peace- 
able, unresisting manner. A committee was then appointed to 
draft an address to the Seneca nation, embodying the substance 
of our present conclusion: and the comniittees adjourned to 
meet again at 8 o'clock on the following morning. 

Sixth month, 19th, the committees again met ; several In- 
dians from the Seneca nation having arrived since our first 
meeting; the head Sachem of the Seneca tribe, six other 
chiefs, and two interpreters sat with us. They presented us 
with the following address from the Tonevvanda Indians. 

4* 



[ 42 ] 

To the mevibers of the Committees on Indian concerns for ih^ 

Religiovs Society of Friends about to meet at Farmington. 
Bkotheks, 

Wo whose names are signed to tliis [)aper, belong to that portion 
of the Seneca nation of Indians tliat reside at Tonewanda. 

By the help of the Great Spirit, we have met in open council 
this iJ3d day of Fifth month, 1840, for the purpose of deliberating 
on the right course for us to pursue under the recent act of the 
Government of the United States, relating to our lands. 

Brothers. We arc in trouble. We have been told that our land 
was sold. Wc again solicit your advice and your sympathy. 

Under the accumulating difficulties and trials that now seem to 
surround us, we feel more than ever our need of the help of the 
Great and Good Spirit to guide us aright. May his counsel ever 
guide and direct us all in true wisdom. It is known to you, 
brothers, that at ditiercnt times our nation has been induced to cede 
by stipulated treaty to the United States, various tracts of our terri- 
tory, until it is now so small that it only affords us a home. 

We hoped by these liberal concessions to secure the quiet and 
unmolested occupancy of this small residue. But we have abun- 
dant reason to fear that we have been mistaken. 

The Agent and Surveyor of a company of land speculators, 
known as the " Ogden Company," have been on here, to lay out 
our land, for the purpose of selling it off. We have protested against 
their proceeding, and have forbid them until after a general council 
to be held at Buffalo in four days. 

Brothers. What we want is that you should intercede with the 
United States Government in our behalf. We want you to know, 
and we want the government and people of the United States to 
know, in the first place, that we have never signed a treaty to give 
up our lands. 

That of the six hundred Indians who compose this tribe, out 
Indian only has signed it, and he resides at Buffalo. 

That this treatij, which we are told has been ratified by President 
Van Buren, wc know and are sure is a fraudulent one. 

That Ransom H. Gillet, the government's agent, violated the 
good faith of the government and a law respecting the ratification 
of treaties, by ;H)plying to Indians at their houses, some of them 
upon th(>ir sick btyls; also on the highways and at taverns, and 
ofiering them money if they would sign said treaty. 

That in the general council convened at Buffalo, for the express 
purpose of considering this treaty, sixteen chiefs only were in favor 
of signing it, and sixly-foiu- were decidedly opposed to it.^ 

That .Fimmy .Johnson, the head chief of the Seneca nation, never 
signed that treaty, and the putting of his name to the treaty, whether 
by the agent or some one else, was a forgery. 



[ 43 ] 

Brothers. We want the President to know that we are for peace, 
and that we only ask the possession of our rights. 

True we are small in number, but wo only ask^for justice. We 
want to be allowed to live on our land in peace. We lov>e Tone- 
wanda. We have no wish to leave it. It is the residue of the land 
of our fathers. Here we wish to lay our bones in peace. 

Will our brothers inform us whether General Dearborn in signing 
this treaty, intended that all the lands belonging to this nation were 
included in it, or only the lands belonging to those that signed it ; 
we are willing that the emigration party should sell their land, but 
we arc not willing that they should sell ours. 

Will our brothers also inform us whether the Governor of Mas- 
sachusetts has ever signed this treaty. 

Brothers. We are determined to keep to our lands till our friends 
send us information and advice, which we want immediately. We 
want the surveyors to be kept from our land. 

Brothers. In conclusion we thank you for your friendly assist- 
ance heretofore, and earnestly solicit your further advice and 
assistance. 

Signed. 
JOHN LUKE, formerly head chief, his x mark. 
JOHN BLACKSMITH, chief, his x mark. 

JIMMY JOHNSON, present head chief, his x mark, 
BLUE SKY, chief, his x mark. 

BLACK CHIEF, chief, his x mark. 

JOHN SKY, chief, his x mark. 

JESSE TIFFINY, chief, his x mark. 

JOHN BIGFIRE, chief, his x mark. 

WM. WASHINGTON, chief, his x mark. 

LEWIS POODRY, chief, his x mark. 

SAMUEL PARKER, chief, his x mark. 

WILLIAM JAMES, chief, his x mark. 

ISAAC SHANKS, chief, his x mark. 

DANIEL SPRING, chief, his x mark. 

JESSE SPRING, chief, his x mark. 

LEWIS KENEDY, chief, his x mark. 

THOMAS JEMISON, \. . . 
WILLIAM CLINT, ( interpreters. 



ASA CARRINGTON, 
STEPHEN A 



TWATER, ( Witnesses 



The committee appointed to draft an address to the Seneca 
nation, then, by an interpreter, read to them the following 
communication. 

To the Seneca Nation of Indians in the State of New Yoi'h. 
Brothers, 

At our meeting the day before yesterday with the delegates of 



[ 44 ] 

the Seneca nation, they informed us that they wished to have our 
advice in relation to their present distressing circumstances. 

Brothers. The friends you see before you, are a delegation from 
the four Yearly Meetings of Genesee, New York, Philadelphia, and 
Baltimore. Many of us have travelled several hundred miles to 
come and see you, and to talk with you, and to confer together, 
with prayer, that the Great Spirit might give us wisdom, and light, 
that we might tind out, and sec jjlainly, the right path for us and 
you to walk in. 

Brothers. We have considered your request that we would give 
you council and advice. We have looked all around us for a right 
way, and a safe path for the Indians to walk in, and we now give 
you our advice. You say that the Seneca nation has not sold its 
lands. You assure us that the treaty lately ratified by the Senate 
of the United States, was not executed according to the conditions 
solemnly adopted and prescribed by that body. You say that it 
was not signed by a majority of your lawful chiefs. You have told 
us that many who did sign it, were bribed by large sums of money, 
to induce them thus to act, contrary to the will of your people ; you 
also tell us that some of the names signed to the treaty are forge- 
ries ; and that under these circumstances you are not willing to 
leave your lands, which the Great Spirit gave you, and which tlie 
Government of the United States, by treaties wdth your people, 
have assured to you in the most solemn manner. 

Brothers. We have understood, that notwithstanding all that you 
say, and which we believe to be true, the Senate of the United 
States has ratified the treaty, and that the President has proclaimed 
it as the law of the land. 

Brothers. We cannot advise ycu to resist by ibrce, even an un- 
just decree. To do so would be wrong. That path is a bloody 
path, it is strewed with the dead and the dying. The Great Spirit 
leads none of his children in that path. 

Brothers, listen. The Great Spirit loves quiet, peaceful children, 
and wdien they walk in his path, he is always near them — he hears 
all their crying — he sees all their alHiction and distress, and in his 
own time, which is the best time, he sends them relief in his own 
way, which is the best way. 

Brothers. We think it best for you, at this time, to remain peace- 
ably and quietly on your land, keep as much as possible at your 
homes, till your ground, take care of your stock, provide for your 
families — let your children be taught usefiil learning. As much tis 
possible live peaceably with all men. 

Brothers. The Society of P'ricnds have felt much sympathy with 
your people, — we have heard with great pain of the wrongs and 
injui'ies which have been heaped upon you. We liave seen your 
tears, and we have wejjt for you. We have remembered the kind- 
ness of your fathers to our fathers when you were a strong people, 



[ 45 ] 

and we were kw in number, and very weak : and we now wish to do 
all we can to help you. We have at this time concluded to address 
the Governor of Massachusetts, the Governor of New York, and 
the House of Representatives of the United States, on your behalf. 

Brothers. We now bid you farewell : and in doing so we wish to 
inform you that wc will not foi'get our red brethren, but intend, with 
the help of the Great Spirit, to continue our ctibrts to aid them, and 
to promote their present and future welfare. 

Signed by the delegates Irom the committees of the four Yearly 
Meetings aforesaid, 

RACHEL HICKS, Jr. GRIFFITH M. COOPER, 

MARIA FARRINGTON, WM. S. BURLING, 
DOROTHY GOLDEN, ABM. BELL, 
DEBORAH WHARTON, NATHANIEL STARBUCK, 

DOBEL BAKER, 
WILLIAM WHARTON, 
BENJ. FERRIS, 
GEORGE M. JUSTICE. 
JOSEPH WARNER, 
PHILIP E. THOMAS, 
JNO. GILLINGHAM. 
Farmington, N. Y., Sixth month 19, 1840. 

Having in the foregoing communication expressed to the 
Indians our intention of addressing the Governors of New 
York and Massachusetts, and memorializing the House of Re- 
presentatives of the United States, on their behalf, and sub- 
committees having been appointed for that purpose, the fol- 
lowing documents were prepared, which they were requested 
to present, in conformity with the conclusion of the joint 
committees. 

Memoranda for the use of the Committee appointed to wait on the 
Governor of the State of New York. 

The committee to wait on the Governor of New York, are desired 
to represent to him the distressed situation of the Indians, and 
earnestly to invoke his interposition for their relief, as far as he can 
constitutionally exercise his authority. They will also represent to 
him that, as under the treaty the Indians have five years allowed 
them to depart, they certainly should during that time remain unmo- 
lested; yet already they are harrassed by injunctions interrupting 
their business, and disturbed by surveyors running lines over their 
lands, and dividing it off into lots. Amongst other instances of 
vexatious annoyance, one of their most respectable chiefs has been 
interrupted from completing an improvement he was making on his 
own house. 



[ 46 ] 

These proceedings naturally keep them in a state of aggravated 
excitement, and may lead to violence. It is supposed that as the 
State of Massachusetts did, in the agreement made relating to these 
lands, now occupied by the Indians, acknowledge that the absolute 
right of sovereignty and jurisdiction over them, was in the State of 
New York, its executive authority has the legal power to extend 
to the Indians, the same protection that is accorded to the inhabi- 
tants of any other part of the State. 

And the Governor's attention is requested to the deed of sale — 
that he may consider whether the Tuscaroras can convey their 
lands, purchased with their own money, without the consent of the 
Government of New Yoi'k; and whether a fraudulent deed, obtained 
of the Senecas, may not be set aside, the fraud being proved. 

To the Governor and Council of the State of Massachusetts, the 
Memorial of the Subscribe?:-!, on behalf of the Joint Committees 
of the Four Yearly Meetings of Friends of Genesee, New 
York, Philadeiphia, and Baltimore, respectfully represent that, 
When the agreement or compromise was concluded, in the year 
1786, between the States of New York and Massachusetts, in rela- 
tion to their respective claims to certain lands in the former State, 
the worthy Representatives of the latter most benevolently provided, 
that no purchase of those lands, or any part of them, from the In- 
diaos, should be valid " unless the same shall be made in the presence 
of, and approved by, a Superintendent, to be appointed for such pur- 
pose, by the Commonwealth of Massachusetts, having no interest 
in such purchase, and be confirmed by the Commonwealth of Massa- 
chusetts." — (See Massachusetts Record.) 

Thus, at the time, and by the instrument of agreement, in which 
Massachusetts parted with her right of sovereignty over the Idian 
lands, she expressly reserved to herself a right to guard and protect 
the poor unlettered natives, from the aris and the frauds of those who 
might be disposed to wrong them. This right to guard and protect 
the weak and defenceless aborigines, she has, with a laudable zeal, 
constantly claimed and most benevolently exercised from that time 
to the present. 

When the deeds of sale from the Seneca and Tuscarora Indians, 
to Ogden & Fellows, bearing date January 1.5th, 1838, were sanc- 
tioned by the Governor and Council of Massachusetts, it was not 
known to them that these contracts were obtained by unfair 
means, or, it is fair to conclude, that they would never have sanc- 
tioned them. 

The Indians charge the otlicr parties to these contracts with bri- 
bery, menace, forgery and falsehood, and so strong and ample have 
been the proofs adduced to support these charges, that the late 
Committee of the Senate of the United States, in their report to that 
body in the early part of the present year, unanimously recommended 



[ 47 ] 

the rejection of the treaty, — (Proceedings of Senate, March 5lii 
1840.) 

The President of the United States, in his Message to tlie Senate, 
dated January 13, 1840, returning again the treaty to that body, 
declares that •' the provision of the resolution of the Senate of the 
11th of June, 1838, requiring the assent of each of the said tribes 
of Indians to the amended treaty, to be given in council, and which 
ivas also made a condition, jirecedent to the recommendation to 
me of the Senate, of the 2d of March, IBSUv to carry the same in- 
to eflect, has not therefore been complied with." 'J'he President, 
in the same Message, also declares, that in a council held with the 
Indians last summer by the Secretary of War, " no advance to- 
Avards obtaining the assent of the Seneca tribe, to the amended trea- 
ty, was made, nor can the assent of a majority of them in council, 
be now obtained." In allusion to the charge of bribery, the Presi- 
dent says " That improper means have been employed (to obtain 
the assent of the Seneca chief to the amended treat)') there is 
every reason to believe ; and I have not been able to satisfy myself 
that I can, consistently with the resolution of the Senate, of the 2d 
of March, 1839, cause the treaty to be carried into effect, in re- 
spect to the Seneca tribe." 

Had all the circumstances of fraud and unfairness been developed 
to the Governor and Council of Massachusetts which have since 
come to light, it is presumed that as the lawful guardians of those 
Indians, the deeds conveying their lands would not have been 
sanctioned. 

That the assent to the amended treaty was to have been given in 
council, is clear from the plain words of the Senate's resolution of 
June 11th, 1838, and in the deed which was sanctioned as afore- 
said, it is declared, that the treaty was held in council, and that then 
the chiefs and head men on behalf of the Senaca nation did agree 
to sell. (Doc. p. 49.) Whereas it has since been discovered, that 
the deed was not agreed to in council,* and it has been ascertained 
by two several censuses that not one-fifteenth part of the nation are 
in favor of the sale. The truth is, that neither the treaty nor the 
deeds have been legally or fairly obtained. 

The treaty of January 15, 1838, and the deeds before alluded to, 
bearing the same date, were originally connected together, and 
formed together one great plan for removing the Indians out of the 
State of New York. The treaty provided a home for them beyond 
the Mississippi : the deeds provided for the relinquishment of their 
lands to the Ogden Land Company. Thus connected, Massachu- 
setts ratified the deeds. But afterwards the treaty and the contracts 
of sale were submttled to the Senate ; and that body found the 
treaty so defective that they refused to ratify it, and afterwards so 

* Appendix, No. 6, Gillet's Letters. 



[ 4S ] 

thoroughly changed it, that in the language of the distinguished 
Senator, then Chairman of the Indian fommittec, " they nnade 
nearly a new treaty of it." (See Sevier's speech.) 

The Senate then adopted a resolution declaring, that the treaty, 
as amended, should have no force cr etiect. Nor should it be un- 
derstood that the Senate had consented to any of the contracts con' 
nected with it, " meaning the deeds which had been before ratified 
by Massachusetts," until the same had been submitted and fully and 
fairly explained to each of said tribes or bands separately assembled 
in council, and they had given their free and voluntary assent 
thereto." 

In pursuance of this resolution, the treaty was afterwards sub- 
mitted to the Indians in council, and after being explained, only 16 
out of 81 chiefs would sign it; but more than GO of them, in pre- 
sence of the Commissioner from Massachusetts, signed a formal 
dissent and protest against it, which was witnessed b}^ Genera! 
Dearborn. Doc. p. 174. 

The deeds of conveyance, or contracts as they are called, were 
never afterwards laid before the Indians, as directed by the Senate. 
Nor was an assent to them as connected with the amended Treaty, 
ever obtained by the Seneca Nation : so that the sanction of Mas- 
sachusetts was never given to a sale of the Indian Lands under the 
amended treaty ; which we think is essential to the validity of the 
sale, and which we also think Massachusetts, as the undoubted 
guardian of that people against all fraudulent transfers of their land, 
has a right to demand. Massachusetts might very consistently 
sanction a deed of sale conncted with the provisions of one treaty, 
which she might very properly reject connected with a Treaty of a 
diflerent character. Governor Everett, in this view of the subject, 
declared, thai unless the amendments made to the treaty, and 
which had changed its character, were assented to by the Indians, 
he should consider the contracts for the sale of their right of posses- 
sion null and void. Doc, p, 00. 

We ther(-fore respectfully ask of the Governor and Council of the 
State of Massachusetts, that they would take the subject into their 
solemn consideration, and take such measures in the case, as they 
in their wisdom may deem expedient, and as the guardians of the 
Indians as aforesaid, thoy may consider their duty demands. 
Signed on behalf of the said committees. 

BENJ. FERRIS, 
ARM. BELL, 
AMOS WILLETS. 

Neio York, Sixth month )i,bth, 1840. 

To the House of Representatives of the United States. 
The memorial of the several committees on Indian concerns, ap- 



[ 4f) J 

^pointed by the four Yearly Meetings of Friends of Genesee, New 
York, Philadelpliia, and Baltimore, respectfully represents, 

That the Society of Friends, from a religious concern for the 
welfare of the Indians in the State of New York, have for manv 
years been engaged in promoting their civilization and improve- 
ment. Under this concern we have had establishments among 
them, and agents residing on some of their Reservations, to instruct 
them in agriculture and other arts of civilized life. It is by their 
desire we now solicit your attention. 

These Reservations being the small remnants of their once ex- 
tensive territory, were by a treaty, made between the Six Nations 
and our Government, in the year 1794, solemnly guarantied to 
them and their descendants, as a home and inheritance for ever. 

As the white population of our country extended their settlements 
towards these Reservations, they became enhanced in value, ex- 
citing the cupidity of land speculators, and urging them by various 
means to remove the Indians, in order to possess themselves of their 
lands. 

Alarmed and agitated by these movements, the Seneca and Onon- 
daga Indians applied to our govei'nment for its interposition and 
protection in fulfilment of the guaranty stipulated in the said recited 
treaty. Faithful to its contract, and prompt in the performance of 
it, a proclamation was immediately issued by the authority of the 
President of the United States, under the hand of H. Dearborn, 
then Secretary of War, dated March 17th, 1802, strictly forbidding 
all persons, citizens of the United States, to disturb the said Indians 
in the quiet possession of their lands. And declaring that "all 
lands claimed by and secured to the said Seneca and Onondaga 
Indians, by treaty, convention, deed of conveyance or reservation, 
being within the limits of the United States, shall be and remain 
the property of the said Seneca and Onondaga Indians for ever, un- 
less they shall voluntarily relinquish or dispose of the same." 

Within the last ten years these attempts have been renewed, and 
strenuous exertions made to get possession of these lands. For 
this purpose no means which ingenuity could devise, or large pe- 
cuniary resources and untiring perseverance accomplish, have been 
unessayed. Under the operation of such pov/erful agents, a treaty 
has been procured, and executed, under circumstances which we 
think ought to claim the serious attention of our Representatives in 
Congress. That treaty, we most surely believe, is tainted with 
fraud ; and if carried into effect, will be, not only extremely op- 
pressive to the poor defenceless Indians, but injurious to the 
character of our country. 

The President of the United States, in his recent message to the 
Senate, dated January 13th, 1840, returning this same treaty to that 
body, says, " that im/jroper means have been employed to obtain 
the assent of the Seneca chiefs, there is every reason to believe, 

5 



[ 50 ] 

and I have not been able to satisfy myself, that I can, consistently 
with the resolution of the Senate of the 2(1 of March, 1839, cause 
the treaty to be carried into effect, in respect to the Seneca tribe.'' 

The committee of the Senate on Indian affairs, after a long and 
laborious investigation of the evidence before them, and of the facts 
and circumstances connected with this treaty, reported, it is under- 
stood, unanimously, against its ratification, on the ground that it 
had not been assented to bij the said Indians, according to the 
terms of the resolution of the llth of June, 1838. 

The Senate finally ratified it, by the casting vote of the Speaker, 
in a thin house, only nineteen members voting in its favor. 

Although we believe there is ample evidence to prove the frau- 
dulent character of this treaty, and that its execution will be grossly 
unjust and oppressive to the Seneca nation, yet it is far from our 
intention to throw the least censure on the Senate, or on any of its 
members. We are aware that the effects of testimony on the minds 
of men of unquestioned integrity, are very difl'erent; our object 
in soliciting the attention of the House to the subject, is not to cen- 
sure, but that the evidence in the case may be examined by your 
branch of the Legislature. 

liy the Constitution of tlie United States, the treaty-making 
power is vested in the President and Senate. By the same consti- 
tution, no money can be drawn from the treasury but by appropri- 
ations made bylaw, and no law can be passed without the concur- 
rence of both branches of the Legislature. Thus, over all treaties 
made by the President and Senate, the House of Representatives 
has a control, by the power it possesses under tlie Constitution of 
withholding the means to carry such treaties into effect. If, on an 
investigation of the treaty in question, and the circumstances :\l- 
lending its execution, the House shall be satisfied that it was 7iot 
fairly obtained ; if it shall believe that to enforce it would be dero- 
gatory to the character of our country, as an honorable, just, and 
upright nation, it may refuse to grant the supplies necessary to 
carry it into effect, and tluis save the country from the odium 
whicli must attach to any government that deliberately does wrong. 

There is one feature in the character of this negociation witli the 
New York Indians, which we think ought to claim the particular 
attention of your body, as the guardians of the public treamre. 
By that treaty four hundred thousand dollars of the public money 
and one million eight hundred and twenty-four thousand acres of 
the public lands, are to be given to the New York Indians, as an 
inducement to relinquish ilieir possessions in tiie State of New 
York, /or the benefit of the Ogden Land Company. 

To your memorialists it appears that under this treaty, the Go- 
vernment gives away a vast amount of property, without any equi- 
valent! It may well be asked, What advantage can accrue to the 
public from the removal of the New York Indians ? As it regard? 



[ 51 ] 

r/ic people of the United States, under whose authority t!ie treatv 
is said to be made, and from whose resources the means to carry it 
into effect are to be drawn, it may safely be answered, none. In 
a national point of view, it is a matter of perfect indifference whe- 
ther the New York Indians remove or do not remove ! Why then 
should our representatives appropriate sucii a vast amount of mo- 
ney and property to an object, in ivhich the community has no 
interest ? 

We forbear to go further into the merits of the case. We would 
not unnecessarily take up the time of the House. We only ask 
for a thorough investigation of the subject, and that, if after such 
investigation it should appear that the treaty cannot be carried into 
effect, without injustice to an unoffending people, and an improper 
expenditure o^ i\\& public treasure, the House may refuse to make 
any appropriation for that purpose. 

Signed on behalf of the said committees. 

BEN J. FERRIS, Clerk. 

Seventh month 8th, 1840. 

The committee appointed to prepare a memorial to the 
House of Representatives, believed it right at the same time 
to address a letter to the President of the United States, 
which they did, a copy of which is as follows, to wit : 

To Martin Van Buren, President of the United States : 

Under the circumstances in which the Society of Friends, who 
for many years past had extended aid to the Indian natives residing 
in the western part of the state of New York, now find themselves 
placed, both as regards their existing relations with these Indians, 
and their position towards the general government, the undersig'i- 
ed, on behalf of the committee who heretofore addressed the Presi- 
dent of the United States, deem it respectful to the President fully 
to acquaint him with the measures taken by Friends in reference to 
these people, since the amended treaty with them was declared by 
the Senate to have been ratified, and has been proclaimed. 

On the annunciation to the Indians of this result, consternation 
and gloom were every where spread over their villages. Relying 
upon the protection of the government and the justice of their cause, 
they were not, after the disclosures that had been made of the 
means employed to obtain that treaty, prepared for the issue, and, 
on being apprised of it, they manifested the deepest distress. In 
the pathetic language of one of their chiefs, addressed to us, " their 
women were seen on all sides weeping in their houses, along the 
roads as they passed to their occupations, and in the fields whilst 
employed in their labors." 

As soon as they had time for reflection, a general council was 
called for the purpose of taking into con«deration their situation. 



[ 52 J 

and, .after much deliberation, they came, as we have been informed, 
to the conchision, wlialever might be the consequences, that they 
would in no event voluntarily remove to the country allotted for 
them west of the Mississippi, and that, if driven off by violence, 
they should accept the invitation they had received to join their 
Ji-iends in Canada, and remove there. 

Before dissolvin|2[ the council, they agreed again to memorialize 
the executive of Massachusetts, and also of New York, and to pe- 
tition Congress with the view of once more stating their grievances, 
and imploring relief so far as either of tliose authorities might yet 
be able and disposed to extend protection to them. They also so- 
licited an interview with Friends, which was granted to them, and 
several of their chiefs, by arrangement, met our committee atFarm- 
iiigton, in the state of New York, on the seventeenth of last month, 
when, after making a full and unreserved disclosure to us of their 
})resent dillicullies and purposes, they earnestly solicited our assist- 
ance and advice. 

On this occasion they reiterated their statements in regard to 
tlie means that had been taken to inveigle them out of their lands, 
their objections against removing to the country that had been de- 
signaled for their residence beyond the river Mississippi — their in- 
tention never to abandon their present homes unless compelled by 
force to do so, and their conclusion, should this be done, to retire 
into Canada, and join their nation there. 

The committee, after due consideration of the objections urged 
by the Indians to removing upon the lands that had been appropri- 
ated for them in the west, believing, as they did, that these objec- 
tions were well founded, could not advise them to go there, and for 
many grave reasons could not recommend them to go into Canada ; 
tliey therefore declined advising them to do either tlie one or the 
other, and addressed to tliem the following communication in reply 
to their application to us. [See Address, pages 43, &c.] 

The committee are sensible of, and duly appreciate the very re- 
spectful attention which their applications to the President on be- 
half of these Indians have received, and they feel it to be due to 
the President to give him such information as they possess, 
and a full statement of the part taken by them in regard to 
this matter. They have witnessed the heart-rending distress of 
these greallj' wronged people, and have sympathised in their afflic- 
tions, and under an apprehension that it was tlieir duty to assist 
ihem, they have extended such aid as they were enabled to afford 
them, consistently with our well known pacific and non-resisting 
principles. Under these views and impressions, the Society of 
Friends have faithfully made known their case to those who had 
the power to protect and to do them justice ; whatever, therefore, 
may be the consequences of the measures tiiat have, or may here- 
after be pursued towards these injured people, the committee trust 
that the responsibility may not attach to us. 



[ 53 ] 

The condition of this small remnant of a once numerous and power- 
fulnationis calculated to awaken the commiseration of every benevo- 
lent mind — after being hunted down and oppresssed, as the race has 
been from generation to generation, tiiey now find themselves about 
to be dispossessed of the last pittance of their once widely extended 
domain, and driven into a distant country, which they fully believe 
is altogether unsuited to their condition and habits, and where they 
apprehend that poverty, disease and misery await them. Many 
seem to desire that death would at once terminate their sufferings, 
rather than that they should, by a compulsory removal, be forced 
into a barbarous and remote country where they must sink under 
the lingering miseries which they believe will there follow them. 

Under these circumstances, it is most respectfully suggested to 
the President whether, instead of forcing them to a place against 
which they feel such strong objections, or perhaps driving them 
into a neighboring colony, where, under some circumstances, they 
might become very dangerous neighbors, it would not be best, if 
these people must be removed, to allow them to select for them- 
selves, from the vast unoccupied territories of the United States, a 
residence to which they could be induced voluntarily to emigrate, 
and where they might reasonably hope to obtain a subsistence, and 
remain unmolested under the protection of the United States, and 
be accessible to their friends who would desire to extend assistance 
to them. Should they be able to find such a country, and be per- 
mitted to go there, the committee doubt not but that their friends 
would aflord their co-operation in effecting so desirable a purpose. 

Signed on behalf of the said committee, 

PHILIP E. THOMAS, 
BENJ. FERRIS. 

Wilmington, Seventh month 7, 1840. 



5* 



APPENDIX 



[ No. 1. ] 
LETTERS OF CORRESPONDENCE. 

Respected friend — ./. JR. Poinsett: — Considering the import- 
ance of thy time, and the pressing nature of thy engagements at 
this season of the year, it is with reluctance that I venture to ad- 
dress thee on the present occasion. The weiglity nature of the 
subject, and its importance to thousands of our felh)w creatures, is, 
however, my best apology, and I feel assured ihat thy kindness 
will acquit me of any desire improperly to intrude on thy attention. 

Thy letter of the 18th inst. was duly received, and was satisfac- 
tory. It would have been acknowledged sooner, but for the neces- 
sity 1 was under to submit its contents and the following views, to 
the Friends, on whose bciialf I now write. We now acknowledge 
thy kindness in complying with our requests. 

In the late interview with the President of the United States, he 
asked, what were our views of the requisitions contained in the 
Senate's resolution of Third mo., (March) 1839? As I had not 
seen a copy of ihat Resolution, I could not, on behalf of my friends, 
express an opinion on that point. But we had expressed, in our 
memorial, an opinion in relation to the requirements of that body, 
in their resolution of Sixth mo., (June) 1838. It appeared clear to 
us, from the language of that resolution, that tlie Senate did intend 
the amended treaty should be signed in open, cotmcil. Since the 
interview aforesaid, we have been furnished with a copy of both 
resolutions, and liave reviewed them attentively, and our opinion 
as expressed in the memorial remains unaltered. In order to illus- 
trate our views, we will refer to the language of both documents. 

The resolution of Sixth mo., (June) 1838, holds the following 
language, to wit : 

" Provided always, and be it further Resolved, That this treaty 
shall have no force or eflect whatsoever, as it relates to anv of said 



[ 55 ] 

tribes, nations, or bands of New York Indians ; nor shall it be un- 
derstood that the Senate have assented lo any of the contracts con- 
nected with it, until the same, with the amendments herein pro- 
posed, is submitted and fully explained by a Commissioner of the 
United States, to each of said tribes or bands, separately assem- 
bled in council, and they have given their free and voluntary as- 
sent thereto ; and if one or more of said tribes or bands, when 
consulted as aforesaid, shall freely assent to said treaty as amend- 
ed, and to their contract, connected therewith, it shall be binding 
and obligatory, &c. &c." 

To us it appears that the Senate intended the whole transaction 
should be " in council." There is no expression or intimation in 
the resolution of any other course : no authority given for a pri- 
vate execution of the treaty, nor any allusion to such a mode of ex- 
pressing the assent of the Indians to that instrument. It would 
seem that the United States Commissioner at first understood the 
resolution as we do ; for, after making the necessary explanation 
of the amendments in open council, he offered the treaty to the 
chiefs for their signature, and obtained sixteen names. It was 
not until after he had failed in this mode of gaining a majority, 
that he resorted to the other, of which the Indians so heavily com- 
plain. 

But we do not wholly rely on negative testimony, to support 
our views : lo us it appears that the language of the resolution ad- 
mits of but one construction, and contains positive testimony in 
favor of the position we have taken on this point. 

It will have been observed that the Senate, jn their resolution, 
say, " And if one or more of said tribes or bands, ivkcn consulted 
as aforesaid, shall freely assent to said treaty as amended, and to 
their contract as connected therewith, it shall be binding, &c." 
The Indians were to be assembled in council — the treaty and the 
amendments proposed were to be explained to them in council — 
and at the time " when" " consulted as aforesaid," that is in 
council, if they should freely assent to said treaty as amended, and 
to their contract therewith connected, it was to be binding, &c. It 
appears to us, that all these transactions were to be simultaneous, 
and done in open council. 

The resolution of the Senate of Third mo., (March) 2d, 1839, is 
as follows, to wit : 

In Senate, March 2, 1839. 

" Resolved, That whenever the President of the United Slates 
shall be satisfied that the assent of the Seneca tribe of Indians, has 
been given to the amended treaty, of June 18, 1838, with the New 
York Indians, according to the true intent and meaning of the re- 
solution of the Senate, of the llth of June, 1838, the Senate re- 



[ 56 ] 

commends that the President make proclamation of said treaty, and 
carry the same into eirect." 

We see nothing in this resolution to change the position taken 
bv us. It leaves it with the President to determine, whether, "ac- 
cording 10 the true intent and mraning'^ of the Senate, as ex- 
pressed in the foregoing resolution, " the assent of the Seneca 
tribe of Indians lias been given to the amended treaty of June 18, 
1838." We think such an assent has not been given to it as 
the Senate intended. The President returned the treaty to 
the Senate at a former period, when it had 31 signatures attached 
to it, because it was not sufficiently signed. Since that time 13 
more have been added to it, in a way adverted to in our memorial. 
Against the validity oft/use 13 signatures a committee of the Se- 
nate, to whom was referred the President's message of January 21, 
1839, have solemnly pronounced a decision. If the President 
should unite in this opinion of the Senate's committee, he will 
have the same cause to reject it norv that he had then ; and when 
we recur to the honorable course hitherto pursued by the Presi- 
dent, the Senate, and other officers of government, in relation to 
this same treaty, we cannot but hope that an instrument, so tainted 
with fraud as this appears to us to be, will be finally rejected by 
the President. 

I remain, very respectfully, thv friend, 

BENJ. FERRIS. 

Wilmington, Twelfth mo., (December,) 23, 1839. 

P. S. I have just received a letter from Griffith M. Cooper, dat- 
ed at Buffalo Creek the 13th inst. He is endeavoring more fully 
to ascertain some facts in relation to the treaty, the result of which 
vyill be communicated as soon as possible. 



Baltimore, Second Month 4, 1840. 

Esteemed friend — Availin<^- ourselves of thy kind permission, we 
now forward to thee a memorial addressed to the Senate in behalfof 
the New York Indians. This ap])lication, in addition to the one here- 
tofore addressed to the President of the United States, and which 
we have been informed was by him transmitted to the Senate, and 
a more recent memorial left with the Secretary of War, to be Ibr- 
warded to that body, will, connected with tlie various documentary 
proofs to which tiiese j)apers refer, place before the Senate, a plain 
exhibit of the true merits of this question. We will not, therefore, 



[ 57 ] 

on this occasion occupy thy time with further remarks, except to 
add, that the Society of Friends have no selfish object in this 
matter ; on the contrary, the removal of the Indians would relieve 
them from a heavy expense and labor ; but believing conscien- 
tiously, that these people have been most unjustly dealt by, the 
Society have felt themselves called upon now to appear on their 
behalf. 

When our ancestors sought a refuge from persecution in the 
old world, and landed in this country with William Penn, the na- 
tives received them with hospitality — we were then poor and help- 
less — they kindly administered to our necessities ,* and being in 
return treated with justice, a reciprocal feeling of mutual good will 
was established, which has never for a moment been clouded or 
interrupted, and they have on many occasions, as on the present 
one, when in distress, thrown themselves upon our sympathy and 
friendship. 

We trust that our appeal will not now be unavailing, but that at 
least one opportunity may be offered to put the question fairly to 
the test, whether the race may not be saved from extirpation. Al- 
ready scarcely a vestige remains of them east of the Mississippi ; 
and shall no effort be made to avert from our country the oppro- 
brium that must follow the extermination of the millions of red men 
that once peopled this vast continent. Should this destruction 
unhappily be realized, we may, in the pathetic language of one of our 
most gifted countrymen, when referring to the destruction of the 
aborigines of our country, say, " Posterity will either turn with 
horror and incredulity from the tale, or blush with indignation at 
the inhumanity of their forefathers." " We are driven back," said 
an old warrior, " until we can retreat no further — our hatchets are 
broken — our bows are snapped — our fires are nearly extinguished. 
A little longer and the white man will cease to persecute us, for we 
shall cease to exist." 

Respectfully, &c. &c. 

PHILIP E. THOMAS. 

To A. H. Sevier, Chairman, &c. &c. 



A. H. Sevier. 

Respected Friend: — According to promise, I now forward a me- 
morial to be presented to the Senate of the United States. Thy 
attention to the subject will be gratefully acknowledged. 



[ 58 ] 

It was not until last suinmer that the committees wiio now pre- 
sent the inclosed memorial, became acquainted with the facts con- 
nected with the execntion of the treaty with the Seneca Indians. 
Many circumstances conspired either to keep us in ignorance or to 
lull our fears. At length through the instrumentality of one of our 
members, who, on behalf of the Genesee Yearly Meeting, has had 
the oversight of the Cattaraugus Indians, our eyes were opened, 
and we immediately united to inspect the state of the concern. 
Our examination since, has been as close and comprehensive as 
our time and circumstances would allow. Both have been limited 
— but suflicienl to enable us to discover that in)proper measures to 
an enormous extent have been taken to deprive the poor Indians in 
the State of New York of their lands. Such a tissue of fraud and 
imposition as has been discovered, we believe is not to be found in 
the history of American diplomacy. The results of our labor will 
appear before the Senate's committee in the documents laid before 
it, and in three memorials, one to the President, presented on the 
1st of the Eleventh month (November) last; one to the same, pre- 
sented on the 29th ultimo, and in the inclosed, addressed to the 
Senate. To these we may add, in the letters from us to the Sec- 
retary of War since the presentation of the first recited memorial. 

The story of wrongs, lately practised upon the Seneca nation, as 
well as upon other remnants of the Six Nations, in the State of 
New York, would be too long for a letter; and, in addressing A. 
H. Sevier, would be superfluous; for it is obvious, from a perusal 
of the able report of the Senate, of February 7, 1839, that he is 
well acquainted with the leading facts of the case. That report, 
though couched in the most appropriate and delicate language, 
evinces that its author had not labored in vain, llirough the task 
imposed upon him, as the guardian of his country's character in 
the Senate. To one thoroughly acquainted with the facts and cir- 
cumstances connected with the origin, progress, and final execution 
of the aforesaid treaty, the language of that report is perfectly in- 
telligible, and conveys much more meaning than to the uninitiated. 
" If these forty-four had signed the amended treaty in open council, 
the committee would consider that the requirements of the Senate 
had been complied with, at least with the appearance of having a 
majority." The truth is thatonlv twenty-nine chiefs ever did sign 
it, or authorize others to do it for them; and there is good reason 
to l)elieve that every one of them have been largely rewarded for 
their signatures. Eight of them have made disclosures, by which 
it appears they were to receive rewards amounting in the aggregate 
to more than twenty thousand dollars. In one of these cases the 
act has been denounced by the Senate's committee as bribery, and 
we think with perfect justice. The contracts with these eight chiefs, 
.signed by the paying party, are now in possession of the Indians^ 



[ 59 ] 

and were shown to the Secretary of War by the undersigned, when 
we were together, attending a council at Cattaraugus, in the Eighth 
month (August) last. Copies of them have been forwarded to the 
Indian Department. 

But these dishonorable proceedings are not only unjust, as they 
relate to the Indians, they are also unjust to the government, whose 
object is the removal of the natives to lands beyond the Mississippi. 
This object is defeated as regards what is called the " emigration 
party," who, by these contracts, are to remain on their lands, 
where they now reside : while the " non-emigration party" are to 
be driven away. 

The injustice to the Indians amounts to this : by the treaty, under 
present circumstances, one-fifteenth part of the whole would stay 
at home, and, by their act force the remainder to emigrate against 
their will. 

The Society of Friends have no object of a selfish nature in view 
— so far from it that the removal of the Indians would save them 
great expense and labor. Justice and humanity are the motives of 
our action; and whatever difference may subsist between ourselves 
and others, on the question of policy, the honorable and humane, 
of all parties, will agree with us in the sentiment that justice ought 
not to be sacrificed at the shrine of expediency. 

With sentiments of sincere respect, I am thy friend, 

BENJ. FERRIS, Secretary of the said committees. 

Wilmington, Delaware, Second month 3, 1840. 



Washington City, February 5th, 1840. 

Dear Sir- — I received on this morning your letter from Balti- 
more, dated on yesterday, enclosing a written statement upon the 
subject of the Seneca treaty, now pending, for consideration, before 
the Senate, for the purpose of presenting to that body, &;c. So 
soon as the Senate may go into executive session, I will present it, 
and move to have it printed. 

With great respect, I have the honor to be your obdt. servt. 

A. H. SEVIER. 
To Benjamin Ferris. 



A. H. Sevier — Respected friend — As the treaty with the Seneca 
Indians has been transmitted to the Senate, I suppose, for I am not 



[ 60 j 

much acquainted with the usages of the treaty-making powei* of 
our country, that the whole subject is again before your body, to 
reconsider, amend, or reject it altogetlier. With this view I venture 
to make some additional remarks, lor the consideration of the com- 
mittee, to whom it is submitted. It is with reluctance that 1 again 
claim thy attention, knowing the importance of thy time, and the 
weighty nature of the numerous subjects that necessarily come be- 
fore you. But in this affair, not only the happiness of thousands of 
our poor, and almost helpless fellow creatures, is involved, but also 
the character of our country as an honorable nation. 

Our Government in negociating the late treaty with the New 
York Indians, have understood that the treaty-making power, on 
the part of those tribes, is vested in the chiefs of the nation, and 
that a majority of the chiefs sanctioning a treaty, makes it valid. 
This view is undoubtedly correct in theory. The Indians them- 
selves, I believe, do not deny it. But touching all treaties for 
the sale or transfer of their lands, and of course involving their 
dearest interest, nay their very existence, their law is, that the pro- 
position for such sale or transfer, and the terms upon which it is to 
be made, shall first be laid before the whole nation. If such coun- 
cil, after full deliberation, agree to the sale, they authorize the 
chiefs to negociatc, and thus they become the proper agents of the 
nation, and are bound to consult its interests in obtaining the best 
and fullest consideration for the transfer. And as they are an un- 
lettered people and liable to be imposed upon by their shrewder 
neighbors, they have wisely ordered, that the final ratification of 
such treaty, including its execution, shall be done in open council, 
whei'e all may hear, and where the concentrated wisdom and intel- 
ligence of the nation may be deliberately exercised. 

The Senecas declare, that on the present occasion, the nation 
was not consulted at all, in the way prescribed ; that the chiefs who 
actually signed the treaty in open council, only fourteen in all, did 
not act regularly. And well known facts support the declaration. 
On the Alleghany Reservation, having a population of 676 indivi- 
duals, only one yjerson is favorable to removal. On the Tone- 
wanda Reservation, having a population of 529 individuals, only 
two persons are willing to remove ; and on all the four Reserva- 
tions, having an aggregate population of 2505, only 146 individuals, 
including women and children, are in favor of emigration ! The 
census from which 1 take the foregoing numbers was made in 1838, 
and duly certified by oath or afiirmation. By a census taken in 
1839, and certified as aforesaid, the emigration party is not so 
large. The last mentioned census was left at Washington last fall, 
and will I suppose be found among the documents transmitted to the 
Senate. 

By the evidence before the Senate, it will appear, that the city ot 



[ 61 ] 

Buffalo was the centre of that corrupt influence, of which the In- 
dians complain. And it is observable that the two Reservations of 
Alleghany and Tonewanda, lying at the two extremes of the nation, 
and most distant from Buffalo, have only three emigrationists out of 
a population of 1205 individuals. When we consider that not one- 
seventeenth part of the Seneca Indians are favorable to the treaty, 
the conclusion is irresistible, that some influence has been in ope- 
ration upon the chiefs other than the will of their constituents. 

The situation of the Seneca nation, during the late negociation, 
has been deplorable. They were satisfied that the officers of our 
government had been deceived, and were anxious to furnish correct 
information to them. They employed some of their white neigh- 
bors to write a statement of their case, and took it to the editor of 
a newspaper for insertion, but he would not comply with their re- 
quest. The agent for the payment of their annuities, at this critical 
juncture withheld their monies, as if to deprive them of the means 
of proceeding to the seat of government, and they were so straitened 
for means as to be discouraged. From other sources they at length 
raised one thousand dollars, and feed a lawyer of the name of 
Gould. After great labor, they made up their documents, and ap- 
pointed a delegation to go with him to Washington. On the way, he 
took out of the bag all their documents, and put old rags in their 
places, and went off with their papers and their one thousand dol- 
lars. Such, in substance, has been in part the treatment of this 
injured people. For more particular information on these points 
we would refer you to the documents furnished the Senate, or the 
Indian Department by the Indians themselves. Many of these 
matters have not been particularly under the care of Friends, and 
have not been noticed in our memorials, as we have deemed it 
more important to make it appear, that without reference to these 
facts, there was sufficient to induce the Government to reject the 
treaty. 

To the Senate of the United States, the highest tribunal on earth, 
whether considered in relation to its moral standing, or to the intel- 
lectual power concentrated in its body, we now look for a decision 
on the subject : and we look to it with confidence, not only from its 
general character, but also from its past action on this very subject. 
On the policy of the Government, with regard to the removal of the 
Indians, beyond the Mississippi, the Society of Friends have never 
passed an opinion. They do not consider it their business, as a 
religious community, to interfere with the political concerns of go- 
vernment. Their great object is to promote righteousness, truth, 
justice, — without which no nation can ever be truly " exalted," and 
in violation of which, neither nations nor individuals can ever 
escape, in some way, or at some period, disastrous consequences. 

As I am unacquainted with the course which the Senate is accus- 

6 



[ 62 ] 

tomed to pursue, in relation to treaties, when returned to it by the 
President, under circumstances like the present, 1 feel at a loss to 
know Avhether any thing further will be necessary on our part, or 
expected by tlie Senate, in order to its final decision in the case. 
Our object is to have the treaty wholly laid aside. If to attain this 
object any action of ours will be useful, it is desirable that we 
should know it. A line from thee on these subjects would be very 
acceptable, and thankfully acknowledged. 

With sincere respect, I am thy friend, 

benjamin' FERRIS. 

Wilmington, Delaware, Second month 5th, 1840. 



Bidtimore, Second Month 1'6, 1840. 

Esteemed Friend : — Feeling my mind deeply interested in the 
issue of the efforts now making to drive the Indians from their 
reservations in the stale of New York, and being entirely satisfied 
that it is thy desire to arrive at a just conclusion in regard to this 
matter, I have determined to avail myself of thy kind permission to 
communicate with thee on this subject: and I now place in thy 
hands the two accompanying documents which will be found to 
aiford some interesting information in relation to the true merits of 
this question. 

The first is a report made by a committee of Friends, who were 
sent as a deputation to visit these Indians last summer. This re- 
port discloses some astounding facts as regards the conduct of some 
of the agents employed in these transactions. The second is an 
extract from a speech of Corn Planter, an Indian chief of the Seneca 
nation, delivered to General Washington, then President of the 
United States, about fifty years agfi, in relation to these very reser- 
vations of land. Knowing the value of thy time and the many 
urgent ctmcerns that press upon thy attention, I will not prolong 
this letter further than by an expression of an entreaty on behalf 
of this greatly injured people, that they may in their present ex- 
iremitv receive protection from the government. 

Unless something is done, and done effectually, in a little lime 
no veslige will remain of this once powerful race, except the beau- 
tiful names they have conferred on our noblest rivers and loftiest 
mountains. These may, for ages after they cease to exist, remain 
to attest the beauty of their language ; but every thing else regard- 
ing them will be lost in oblivion, and the indelible stigma of their 
litter extermination be fur ever fastened upon our country. 

Respeclfuliy tliv friend, 

' P. E. TH0.VL4S. 
Hon. a. H. Skvilr, 3/. C, Washington. 



[ 63 ] 

Extract from the speech of Corn Planter, a principal chief of the 
Seneca nation of Indiaiis, delivered to General Washington, 
then President of the United States, about the year 1790, short- 
ly after the conclusion of peace between the Six Nations and tht 
United States. 

" Father: — the voice of the Seneca nation speaks to you, the great 
counsellor, in whose heart the wise men of the thirteen fires have 
placed their wisdom. What we will have to say may appear small 
in your eyes, and we therefore entreat you to hearken with atten- 
tion, for we are about to speak of things which to us are of very 
great importance. When your army entered the country of the 
Six Nations we called you the town destroyer, and, to this day, 
when that name is heard, our women look behind them and turn 
pale, and our children cling close to the necks of their mothers. 
Our counsellors and warriors are men, and cannot fear, but their 
hearts are grieved on account of our women and children. 

" When you gave us peace, we called you Father, because you 
then promised to secure to us the possession of our lands. Do 
this, and so long as the land shall remain, that beloved name shall 
live in the heart of every Seneca. 

"Father, we mean to open our hearts before you, and we earn- 
estly desire that you will let us clearly understand what you intend 
to do. When our chiefs returned from the treaty at Fort Stanwix 
and laid before our council what had been done there, our nation 
was surprised to hear what a great country you had compelled 
them to give up to you. FiVery one said that your, hearts were yet 
swelled with resentment towards us for what had happened during 
the war ; but that one day surely you would consider us with more 
kindness. We asked each other, what have we done to deserve 
such severe chastisement." 

The chief here proceeded to recapitulate the many grievous in- 
juries that had been inflicted on his people by the white population, 
and then added: — "Father, you have said that we were in your 
hand, and that by closing it you could crush us. Are you deter- 
mined to crush us? If you are, tell us so, that those of our nation 
who have become your children and have determined to die so, may 
know what to do. In this case one chief has said he would ask 
you at once to put him out of pain. Another, who will not think 
of dying by the hand of his father or brother, has said that he would 
retire to the Chetuagay — eat of the fatal root, and sleep with his 
fathers in peace. Before you determine on a measure so unjust, 
look up to God who made us as well as you. We hope he will 
not permit you to destroy the whole of our nation. 

"Father, hear our case. Many nations inhabited this country, 
but they had no wisdom, and therefore they warred together. The 



[ 64 ] 

Six Nations were powerful and compelled thein to dwell in peace. 
The lands for a great extent were given up to the Six Nations, but 
the peoj)le who dwelt upon them were not destroyed, they were 
permitted to conlinue on these lands, and claimed a support from 
llie earth. The French came among us and built Niasiara. They 
became our fathers and took care of us. Sir William Johnson 
afterwards came and drove the French from our country, and he then 
became our father and took care of us until you became too strong 
for his king. We have told you how we were led to join in the war 
against you. As soon as we saw that we were wrong, we asked 
for peace. You demanded a great country to be given up to you. 
It was surrendered as the price of that peace, and we ought now to 
have peace and the little land you then left us. 

"When that great country was given up, there were but few 
chiefs present, and they were compelled to surrender it. It is not 
ih.e Six Nations only that reproach those chiefs with having given 
up that country. All the nations wlio lived on those lands call to us, 
and ask us. Brothers of our fathers, where is the place you have re- 
served for us to lie down on? 

"Father, you liave compelled us to do that which has made us 
ashamed. We have nothing to answer to the children of the 
brothers of our fathers. We will not conceal from you that the 
great God, and not men, has preserved the Corn Planter from the 
liands of his own nation. For his people ask continually, where is 
the land which our children and their children after them are to lie 
down upon? For first one and then another comes and claims by 
authority of the very people who lie told us had promised to secure 
this land to us for ever. He is silent for he has nothing to say, 

"When the sun goes down, he opens his heart before God, and ear- 
lier than the sun appears again upon the hills, he gives thanks for his 
protection during the night; for he feels amongst men, become 
desperate by their sufferings, it is God only that can preserve 
him. He loves peace and has despoiled himself of all he had in 
the world to give to those who have been robbed i)y your people, 
lest they should plunder the innocent to repay themselves. The 
whole season, while others have been employed in providing for 
their families, he has spent in endeavoring to preserve his nation in 
peace, and at this moment his wife and children are lying on the 
ground, without abed, and in want of food. But he perceives that 
the great God will try his firmness in doing what is right, 

"Father, the game which the Great Spirit sent into our country 
for us to live upon, is fast going from amongst us. We had thought 
that it was his intention that we should tilt the ground with the 
plough, as the white population, and we have talked to one an- 
other about it. But before we come to any conclusion about 
tills, we must know from you whether you intend to leave us 



[ 65 ] 

and our children any land to till. We ask you now to speak plainlv 
to us concerning this great point. Tiie land we live on was re- 
ceived by our fathers from God, and they transmitted it to us for 
our children. You claim it as ceded to you by the king of Eng- 
land. We deny that it ever belonged to the king of England, and 
he had no right in it to cede to you. 

"Father, we told you we would open our hearts to ycu. Hear us 
once more. Innocent men of our nation are killed one after another, 
and of our best families; but not one of these people who have com- 
mitted these murders has been punished. We ask you, was it in- 
tended because we did not stipulate by treaty when we made peace 
with you, that those who killed our people should be punished, 
that your people should be permitted to murder tlie Senecas, and 
not only remain unpunished by you, but that they also should be pro- 
tected by you against the revenge of the relations of the dead? 

"Father, these are very great things to us. We have felt your 
power, and know that you are very strong. We have heard that 
you were wise, and we now wait your answer to what we have 
said, that we may see if you are just." 



SEVIER'S SPEECH. 

hi Senate^ March 17, 1840. — In executive session, on the treaty 
with the New York Indians. 

Mr. Sevier addressed the Senate as follows : 

Mr. President : — The treaty now under consideration is a com- 
plicated affair, and on that account, as well as on account of its 
importance to the Seneca Indians, to the State of New York, to the 
grantees of the State of Massachusetts, and to the United States, I 
hope, while I endeavor, in discharge of my public duty as chairman 
of the Committee on Indian AfRxirs, to explain it, that I shall be 
indulged with the patient attention of the Senate. 

This is a treaty of much more importance than is generally sup- 
posed. It is one about which the Senecas and their friends feel, as 
they have felt for upwards of two years, (during all of which time 
it has been before the country, in one form or another,) a deep, 
intense, and an all-absorbing interest. The written appeals of a 
large majority of this tribe to the President, and to the Secretary 
of War; to the Senate, and to individual Senators, earnestly im- 
ploring a rejection of this treaty ; the immense mass of testimony 
with which they have furnished us respecting it ; the constant at- 
tendance of their delegates here, upon their own expenses, at a 
great distance from their homes, and at the sacrifice of an utter 
abandonment of their private pursuits, at all times, when this treaty 

6* 



[ f^6 ] 

was before the Senate ; and their daily attendance in our galleries, 
to observe and to gather, if possible, something from our proceed- 
ings, show most abundantly the light in which this treaty is viewed 
by them. 

On the other hand, the citizens of New York, and especially 
those residing about Buffalo, have their wishes, and hopes, and 
fears respecting its fate with the Senate. They have furnished us, 
also, with testimony and memorials, and sage suggestions, upon the 
subject of Indian policy and Indian welfare. They, too, have had 
their lobby members and ambassadors here, consisting of both red 
and pale faces, for the purpose of urging this treaty through this 
body. Nor are these the only interested parties. Massachusetts 
seems to have, in this treaty, something more than a general inter- 
est ; she seems to have an interest somewhat particular and identi- 
cal, which I deem important first to consider and explain, that we 
may fully understand it in all its bearings. 

Prior to 1786, Massachusetts claimed, as properly belonging to 
her, a portion of the State of New York. This claim New York 
contested ; and this somewhat angry controversy was not finally 
.settled, as we learn from the public journals of that day, until 1786. 
This dispute was then settled, by Massachusetts ceding to New 
York all her right and title to the govei'nmenf, sovereignty and 
jurisdiction over the disputed territory ; and, in consideration of 
this cession, the State of New York ceded to Massachusetts, and to 
JK-r grantees, and to the heirs and assigns of her grantees, the right 
of pre-emption of the soil oj" the native Indians to the territory de- 
scribed in this compromise. The native Indians, occupying the 
territory to which Massachusetts thus acquired the right of pre-emp- 
tion, were then, as now, the Tuscaroras and Senecas, of New York. 

It was fiirthei stipulated, in this compromise, by New York, that 
Massachusetts might, at any time, by persons duly authorized by 
her for that purpose, hold treaties and conferences with these In- 
dians relative to a purchase of their lands. And further, that 
Massachusetts should have the right to dispose of this pre-em])tion 
right to any person whatever. This compromise was approved of 
and sanctioned by Congress in 1787. A complete and full detail 
of this contract is to be found in the fourth volume of Journals of 
Congress of the year 1787, at page 788, to which I respectfully 
refer any honorable Senator who may desire to see it. 

The right of pre-emption being thus secured to her, as well as the 
right to dispose of it, Massachusetts did afierwards, in 1791, sell 
this right of pre-emption to the Holland Land Company, and that 
company to David Ogden, and Ogden to the present claimants. The 
present claimants being the grantees and representatives of Massa- 
chusetts, have the indis[)utable right to hold treaties and confe- 
rences witli the native Indians, for the purpose of purchasing out the 
Indian right of occupancy ; and in exercising this right, though 



[ 67 ] 

courtesy might seem to require it, this company are under no obli- 
gations to consult either New York or the United States. I have 
not been able to lay my hands upon the contract between Massa- 
chusetts and her grantees, and am therefore ignorant of the terms 
of that contract. But, judging from the interest which Massachu- 
setts invariably manifests upon the subject of the acquisition of 
these lands ; and upon seeing her repi'esented by an agent or super- 
intendent at every sale of them, I have concluded that she considers 
herself bound by her contract to either New York or her grantees, 
and probably to both, for the performance of her superintendency 
upon such occasions. How this matter stands I know not ; but 
should such information be thought desirable by the Senate, I pre- 
sume the distinguished Senators from New York and Massachusetts 
can give it. 

Mr. President — In considering the various interests involved in 
this treaty — the interests of the Senecas, of the citizens of New 
York, and of the grantees of Massachusetts — the committee have 
thought it their duty to consider, in connection with those interests, 
the interest of a fourth party, which is that of the United States. 
And with a view to understand this complicated affair, the commit- 
tee have endeavored to trace our relations with the Six Nations of 
New York, from their commencement up to this day, so far, at 
least, as the Senacas are concerned, for the purpose of discovering 
if there be on our part any undischarged obligations to either of the 
parties interested in the subject-matter now before us. The first 
treaty which I have been able to find with the Six Nations of New 
York, was concluded in 1784. That was a treaty of peace ; a re- 
linquishment of territory on their part, and a definition of their 
boundary lines on ours. In 1789, five years thereafter, a second 
treaty was made, which is, so far as I have been able to discover, 
but little more, if any thing, than a recapitulation of the former 
one. 

The third and last treaty ever made by us with the Six Nations 
of New York, in their confederated character, (unless the one we 
are now considering should constitute a single exception,) was made 
in 1794. This was an important treaty, and has governed us in all 
our intercourse with them ever since. In that treaty we acknow- 
ledged, separately, to each of the tribes composing the Six Nations, 
their individual right and title to certain specific reservations of 
land ; and we guarantied to them, separately, the possession and 
enjoyment of their respective reservations ; and conferred upon 
them the right to dispose of their reservations respectively, in whole 
or in part, to any citizen or citizens of the United States, whenever 
and however they might choose ; and for these rights, the Indians, 
on their part, engaged, in the same treaty, never to set up any claim 
to any other lands in the boundaries of the United States than those 
granted in that treaty. 



[ cs ] 

This was the last treaty ever made by us with those Indians, col- 
lective!}' or separately, from 1794 up to 1838 ; a period of more 
than forty years. From that time onward, to 1838, we acted in 
good faith, and jjermitted those Indians, according to the terms of 
the treaty of 1794, so far at least as the Senecas were concerned, 
to dispose of their New York lands as they choose. Since 1794 
the Senecas have disposed of their lands on several occasions. In 
1797 they were permitted to sell to Robert Morris, of Philadelphia, 
a portion of their reservations. Afterwards, in 1802, the same Se- 
necas were permitted to sell another portion of their lands to Phelps, 
Bronson and Jones ; and again, in the same year, to Wilhelm Wil- 
lick and others; and again, in 1823, to Grigg and Gibson. Each 
and all of those sales were made openly, freely and voluntarily, and 
under the guardian care only oi" the United States on the one hand, 
and of the agent or superintendent of the State of Massachusetts on 
the other. These lands were transferred by the Indians to their 
grantors, 7iof. by treaty, but by the ordinary deeds of conveyance; 
nor does the transfer of those lands to Ogden and Fellows, in 1838, 
vary in any degree, but in the prefixture of a preamble to it, from 
all the other deeds of conveyance which have been made by them 
subsequent to 1794. 

Having then, as we have seen by the treaty of 1794, such ample 
power to dispose of these lands — a power so often and so satisfac- 
torily exercised by them ; and the United States having no interest 
whatever in these lands, and being constitutionally incapable of 
having any, and not being bound by compact, as in the case of 
Georgia, to extinguish the Indian title to those lands, it may well 
be asked, why have we interfered in this affair ? Why have we at- 
tempted, with unabated assiduity, for more than two years, with our 
influence, with our agents, and means, and money, to barter with 
those Indians for their New York reservations? I will endeavor, 
sir, to uniavel this mystery; it is a curious piece of intrigue and 
history, which should never be forgotten, as it may be of some ser- 
vice to the country hereafter. 

7\.s early as 1818 we find the agents of two small bands of New 
York Indians applying to Mr. Monroe, then President of the United 
States, for permission to purchase, with their own means and upon 
their 07L-n account, of the Mcnomonees, of Green Bay, a portion of 
their lands. The files of the War Department will show that the 
grantees of Massachusetts were at the bottom of this simple, unpre- 
tending and modest application ; and, among other reasons, we find 
that religion, which is so often prostituted by the designing to cover 
up intriijiie and sinister motives, was the argument used on that 
occasion to obtain this permission. It will be recollected that the 
United States will permit no Indian tribe, which they have any 
thing to do with, to dispose of their lands, except to the United 
States. The authority, therefore, of the United States was indis- 



[ 69 ] 

pensable to enable the missionaries, Williams and Hendricks, to 
make a valid purchase of the Menomonees. Mr. Monroe, not fore- 
seeing the objects in view, and understanding distinctly, as their 
memorial expressly stated, that these two bands were to pay out of 
their own means for all the land they purchased of the Menomonees ; 
and further, that they were to acquire, by such purchase, no other 
or better right than that held by the Menomonees — so understand- 
ing it, Mr. Monroe gave his assent to such a purchase. The assent 
of Congress, or of the Senate, to such an unusual arrangement, was 
neither asked or obtained. It seems to have been looked upon by 
Mr. Monroe as quite a small affair. Under his authority, thus ob- 
tained, the agents of these two small tribes, as they alleged, made 
a purchase, and paid for it, as they informed us, the sum of $12,000. 
This purchase, however, has ever been strenuously denied by the 
Menomonees, and the contract made between those Indians, what- 
ever it was — if, indeed, there ever was any — is not now to be found 
where, surely, if in existence, it ought to be found — in either the 
Indian Bureau or in the War Department. As matters now stand, 
however, it is but of little consequence for us to know, (unless for 
the purpose of seeing in what manner we have been imposed upon,) 
whether such a contract ever existed or not. We all know there 
was a controversy about it between the parties, and that we were 
drawn into it. This controversy was settled by us in a treaty with 
the Menomonees in 1832. Thus we see that this small affair, which 
originally was to be confined to two small tribes, and which, on our 
part, was to have been nothing more than a mere naked assent,^now 
loses its insignificance, and begins to swell into a matter of consi- 
derable importance. Here we find ourselves placed in a dilemma, 
which was brought about, as they doubtless anticipated, by the early 
intrigue of this land company. These small bands, under Mr. 
Monroe's permission, moved to Green Bay, and as the title to the 
lands they claimed by purchase was controverted, we were called 
upon to interfere, and, as we supposed, to benefit the Indians, did 
interfere and bought out the Menomonees for them, and gave them 
the lands ; and there they are yet. This treaty does not disturb 
them. This is not all. We have paid back to them, not only the 
$12,000 they allege to have paid the Menomonees, but we have 
given them a great deal more. We have given them, besides the 
lands they claim to have purchased of the Menomonees, for their 
812,000, the sum of $40,000; $5,000 to the St. Regis tribe, and 
$35,000 to the Oneidas,. as a remnmeration to them for their 'pur- 
chase of, and removal to, the Green Bay lands, under Mr. Monroe's 
permission. Now, let me ask, if it be not too late, why have we 
submitted to such imposition ? Why have we bought land for these 
New York Indians, over whom we had no control or jurisdiction 1 
Why have we made large advances to them, without any conside- 
ration ? We have done so for the double purpose of gratifying 



[ 70 ] 

New York and this overgrown and grasping land company. We 
have thus seen Mr. Monroe's permission, of which I have spoken, 
lirst leading to an Indian controversy, and then ending in a settle- 
ment of it, by which we have had to buy land and advance thou- 
sands of dollars as remuneration (as it is falsely called) to these 
New York Indians, and all without the pretext of an obligation or 
consideration on our part. 

I will now, Mr. President, take my leave of the Green Bay Indians, 
and return to the treaty of 1 832. In that treaty, concluded in this 
city with a delegation from the Mcnomonees of Wisconsin, we 
obtained of them,'' lor the sum of $20,000, 500,000 acres of their 
lands, near Green Bay, for the future residence, not only of those 
small bands who emigrated under Mr. Monroe's permission, but for 
all of the New York Indians, then residing in New York. We 
obtained this land, so far as we were concerned, as a mere gratuity, 
and without any other consideration, so far as appears to me, than 
the wishes of New York and this land company that we should do 
so. New York desired this land secured, not so much for the resi- 
dence of those then residing in Wisconsin, for their welfare had 
ceased to interest her, but for the New York Indians then within 
her borders, in the hope that her Indians could be induced to move 
to them, and in that event, that she would be rid of an Indian popu- 
lation at the expense of the United States, she was most anxious 
to get clear of; and that the land company would be able, for little 
or nothing on their part, to get of them their New York lands, 
mainly, but indirectly, at the expense of the United Slates also. 
These were the calculations ; and hence we find that, in that treaty, 
the New York Indians, although apparently so deeply interested, 
were not parties to it. And why were they not? I will endeavor 
to inform you, sir. 

In the treaty of 1794, the New York Indians engaged to claim 
no other land within the boundaries of the United States than that 
particularly described in that treaty. They had modesty and ho- 
nesty enough to know that there was no treaty ever afterwards made, 
by which we were pledged or bound to purchase land for them at 
Green Bay, or any where else. They knew they had no claim of 
any character upon us ; and not desiring any other lands than those 
they weie possessed of, and seeing no necessity for a treaty, they 
stood aloof, and had no participation in it. And in this same treaty 
the Menomonees disclaim any right or just claim of the New York 
Indians to the Green Hay lands. And this is not the only disclaimer. 
We find, in the printed documents now before us, at page 127, that 
the Senccas say that " the Senecas have no right or title to that 
country, (Green Bay,) as we have never accepted or paid for any 
interest there, nor do we at this time have any claim to that country 
whatever." And I will add, that, in a letter received last night, I 
am informed that the Senecas arc now holdiiiof a council for the 



[ 71 ] 

purpose of retransferring to you this gratuity, which, given (o 
ihem in 1832, without their knowledge or consent, you seem deter- 
mined to force upon them, and which they, on their part, seem dis- 
posed just as decidedly to reject — with a full knowledge that the 
New York Indians, then residing in New York, had no claims upon 
us for lands any where, and, on the contrary, when we knew they 
had solemnly engaged, in their treaty of 1794, to set up no claim 
for any other within the boundaries of the United States than tliose 
particularly described in that treaty, yet, with a full knowledge of 
all this, we made the treaty of 1832. 

In that treaty, in which the New York Indians were not parties, 
it was stipulated, without their consent or knowledge, that they 
should remove to the lands we purchased for them at Gi'een Bay, 
within three years thereafter, or else that there right to this 500,000 
acres o^ land should be forfeited, and revert to the United States. 
This penalty was inserted, under a belief that it would not be disre- 
garded by the Indians, but, on the contrary, would be considered of 
such consequence as to induce their emigration. If it was not so 
designed, why was a time fixed for their emigration at all ? Of 
what consequence was it«to us, whether those Indians emigrated 
this year or next year, or never? Sir, the Indians looked upon the 
whole of these proceedings, in which they had no participation, with 
a provoking indifference and nonchalance. They cared nothing for 
these lands, or the forfeiture thereof. They considered they had 
comfortable homes in New York, and there they determined to 
remain. This temper of the Indians was soon found out by those 
desiring their emigration ; and it was, therefore, necessary to cet 
the time for their removal extended, so that the company could have 
time to apply the proper remedies, and bring about a conversion of 
the Indians to an acquiescence in their desired policy. Governed 
by such considerations as these, we were applied to to change this 
provision in the treaty ; and, as usual, we permitted ourselves, like 
a nose of wax, to be twisted about by this company, and, to gratify 
them, did modify this provision, by a supplementary article to the 
treaty, so as to leave the time for their removal to the discretion of 
the President of the United States. So stands it now. Eight years 
have elapsed since that treaty was made, and yet the President has 
not required those Indians to move to their Green Bay lands, or no- 
tified them, if they did not, by a given lime, that he should exact 
the penalty, according to the terms of the treaty. The reasons of 
the President for permitting those Indians to remain upon their New 
York lands, without exacting the penalty, are doubtless benevolent, 
humane, and praiseworthy. His forbearance upon this subject, 
thus far at least, is not considered by me just cause of censure. 
Yet 1 should consider it his duty, before a great while, to close up 
this contingent claim. I think if these Indians do not, within a 
reasonable time, move to these lands, that they should revert to the 



[ 72 ] 

United States; and in this reversion they can have no just cause oi" 
complaint. Their title to these lands is conditional — dependent 
entirely upon their removal to them. It was a mere gratuity ou 
our part, and cost them nothing, not even solicitation, or empty 
thanks; and now, if they will not accept of our protrered gratuity, 
if they will not occupy those lands, voluntarily tendered to them on 
that condition, there can be no injustice in exacting their forfeiture, 
on their failure to comply with the condition. 

Mr. President, we purchased, as before observed, in 1832, 
500,000 acres of land at Green Bay, for the future residence of the 
New York Indians. This purchase being on our part, as before 
stated, a mere gratuity, and, so far as appeal's from our records, 
without the knowledge or solicitation of the Indians, five years 
thereafter, in the year 1837, for what reasons, or at whose prompt- 
ings, we are left to conjecture, it seems to have become suddenly, 
and all at once, a matter of vital importance for us to purchase out 
this gratuity, a gratuity which the Indians considered of so little 
consequence or value to them, that they would neither move to it, 
nor have it. But no matter for that : we determined to buy back 
from them what we had given them as a present five years before ; 
and in fiirtherance of these views, in 1837 we appointed a commis- 
sioner to accomplish for us this all-important object. 

A purchase of this Green Bay land was the ostensible object of 
this mission. The real object as I shall show you in the progress 
of this discussion, was to obtain our influence, and our means and 
money, to assist a dozen or so of land speculators to purchase of 
the New York Indians their New York lands, for which they held, 
under Massachusetts, the pre-emption right. And, sir, we have 
already done so, to some extent. We have purchased out for this 
company, and for New York, five of the six tribes — all of the New 
York Indians, except the Senecas, and we have attempted to buy 
them out also, whether successfully or not, remains to be seen by a 
decision upon the question now before us. 

In 1837, as before observed, we appointed a commissioner, with 
the ostensible object of piirchnsinq' of the New York Indians their 
Green Bay lands. 8o soon as this was known, we found much 
excitement and agitation amonj^ the Indians, growing out of their 
attachment for, and reluctance to leave, their native land. They 
understood very fully the object of the negotiation. They knew 
the Green Bay land was but a pretext, and not the real object of 
the commissioner. They understood all this. They knew the 
object of the treaty was to get from them, for the land company, 
their New York lands. To overcome these scruples, and to recon- 
cile them to the measure, the agents of the land company went to 
work, and I will now show you, sir, in what manner. 



[ 73 ] 

"Articles of agreement, made and concluded this 29t,li day of July, 

1837, between Heman B. Potter, of the city of IJufTalo, of the first 

part, and John Snow, a Seneca chief, of the Buffalo Creek reservation, 

in the county of Erie, of the second part. 

" Whereas, in conformity with the declared policy of the Government 
of the United States, the proprietors of the pre-emptive title of and in the 
four several tracts of land, reserved by the Seneca tribe of Indians, wiihin 
the said State of New York, are desirous to induce the above mentioned 
tribe of Indians to accept, for their future and [lermanent residence, a tract 
of country in the territory west of the river JNlississippi, appropriated for 
Indians inhabiting the Atlantic and other neighboring States, and are, 
also, desirous, by fair purchase, to extinguish the right of the said Indians 
in and to the lands in this State, so reserved by them : 

" And whereas, in furtherance of these objects, and in order to a future 
treaty by which to effect the same, the said proprietors have autiiorized 
negociations to be opened with the chiefs and other leading men of the 
said tribe of Indians, and certain offers to be made to them in money as a 
permanent fund for the nation, and a compensation for their improve- 
ments; and have also deemed it advisable and necessary to employ the 
aid, co-operation, and services of certain individuals who are able to influ- 
ence the said Indians to accept the offers so to be made to them : 

"And whereas, the said Heman B. Potter, the parly of the first part, 
is empowered to act on behalf of the said proprietors, and to contract with 
any individuals whose co-operation and agency may be necessary and 
efficient, in accomplishing the above mentioned object; and the said John 
Snow, the party of the second part, has agreed to contribute his influence 
and services in the premises ; and in case of the extinguishment of the 
said Indian title to the said reserved lands as aforesaid, to sell to the said 
proprietors all and singular his improvements, of, in, and to the same: 

" Now, therefore, it is mutually agreed by and between the parties 
hereto, as follows : 

" First. The party of the second part undertakes and agrees to use his 
best exertions and endeavors to dispose and induce the said Indians to adopt 
and pursue the advice and recommendations of the Government of the 
United States, in respect to their removaf and future location; and on 
such said terms as the party of the first part, and his associates, in the 
name of the said proprietors, shall propose to sell and release, by treaty, 
their said reserved lands ; and on all occasions to co-operate with and aid 
the said party of the first part, and his associates, as he may be, from 
lime to time, advised, in talks and negotiations with the chiefs and other 
influential men of the said tribe ; and in the active application of his whole 
influence at councils, and confidential interviews, for the purpose of 
effecting a treaty between the said tribe and the said proprietors, for the ex- 
tinguishment of the Indian title to the said reserved lands. 

" Second. The second party of the second part hath sold, and hereby 
doth sell, to the said proprietors, all and singular his buildings and im- 
provements on the lands so to be released by treaty, and agrees to accept 
compensation therefor in the manner hereinafter mentioned ; said buildings 
and improvements in the meantime not to be leased, or in any manner 
disposed of by said party of the second part. 

" Third. In consideration of such efforts, co-operation, and services 
on the part of the said John Snow, faithfully bestowed in the premises, 
and of the sale and release of all and singular his said buildings and im- 
provements upon any of the lands aforesaid, without leasing or otherwise 

7 



[ 74 ] 

disposing of the same, as herein above stipulated, the said Heman B. 
Potter, on his part, and that of his associates, agrees to pay, or cause to 
be paid, to the said John Snow, the sum of two thousaud dollars, within 
three months after the notice of the ratification, by the Senate of the Unit- 
ed States, of a valid treaty between the said tribes and the owners of the 
said pre-emplive tiile, or their trustees, by which the right and title of the 
said Indians shall be effectually released and extinguished, in and to the 
said reserved lands ; subject, however, to the following qualificalion 
and understanding: that in case the said treaty shall provide for the pay- 
ment to individual Indians fur their buildings and improvements, then and 
in that case the said party of the second part shall accept and receive, as 
part payment of the above mentioned sum of two thousand dollars, such 
sum or compensation as he shall or may be entitled to, by and under the 
provisions of such treaty, for his said buildings and improvements, and 
the balance of the said two thousand dollars which shall remain, after de- 
ducting therefrom such compensation as aforesaid, and that only to be 
paid by the said party of the first part, as above specified, within the 
time above mentioned, or as soon thereafter as the said balance can be as- 
certained ; and in case said party of the second part shall be entitled, by 
and under the provision of said treaty, to the sum of two thousand dol- 
lars and upward, he shall receive the same as may be therein provided, 
and the said party of the first part shall be discharged from paying any 
part of said two thousand dollars. 

" And the said John Snow shall also be entitled, at a nominal rent, to 
a lease from the owners of the pre-emptive title, or their trustees, of and 
♦or the lot of land actually improved and occupied by him, called the 
Whipple farm, near the old council house, on the Buffalo reservation, for 
and during his own natural life, determinable when and as soon as he 
shall cease to live on and occupy the same; said lease to be executed by the 
lessors as soon after said treaty as said lands shall have been surveyed 
and allotted, said lease having reference to said survey. 

''This agreement on the part of said party of the first part, being ex- 
pressly dependent upon a treaty, to be made and ratified ujjon terms, con- 
ditions, and stipulations, to be proposed and offered by the said party of 
the first part, and his associates. 

H. B. POTTER, [l. s.] 

his 
JOHN X SNOW, [L. s.] 
mark. 

Witness : 

his 

GeoRGK X JiMESON, 

mark. 
True copy: M. B. PiGRCE. 

" P. S. Slarius B. Pierce, above named, is one of the chiefs who sign- 
ed the BulTalo treaty." 

"Articles of ai^reement made and concluded this 7th day of August, 1837, 
between Heman B. Potter, of the city of Buffalo, of the first part, and 
Samuel Cordon, a Seneca Indian, of the Cattaraugus reservation, in the 
county of lOrie of the second part. 

" Whereas, in conformity with the declared policy of the Government 
of the United Stales, the proprietors of the pre-emptive title of, and in, the 
iour several tracts of land reserved by the Seneca tribe of Indians, within 



[ 75 ] 

the said State of New York, are (iesirous to induce the above mentioned 
tribe of Indians to accept for their future and pernianenl residence, a 
tract of country in the Territory west of the river Mississippi, appropriat- 
ed for Indians inhabiting the Atlantic and other neigfiborinjr Stales, and 
are also desirous, by fair purchase, to extiniruish the riffht of the said In- 
dians in and to the lands in this State so reserved by them : 

"And whereas, in furtherance of these objects, and in order to a future 
treaty by which to effect the same, the said proprietors have authorized 
negotiations to be opened with the chiefs and other leading men of the 
said tribe of Indians, and certain offers to be made to ihem in money, as a 
permanent fund for the nation, and a compensation fur their improve- 
ments, and have also deemed it advisable and necessary to employ the 
aid, co-operation, and services of certain individuals who are able 
to influence the said Indians to accept of the offers so to be made to them : 

"And whereas the said Heman B. Potter, the party of the first part, is 
empowered to act on behalf of the said proprietors, and to contract with any 
individuals whose co-operation and agency may be necessary and effi- 
cient in accomplishing the above mentioned object, and the said Samuel 
Gordon, the party of the second part, has agreed to contribute his influ- 
ence and services in the premises : 

" Now, therefore, it is mutually agreed by and between the parlies 
hereto, as follows : 

" First. The party of the second part undertakes and agrees to use his 
best exertions and endeavors to dispose and induce the said Indians to 
adopt and pursue the advice and recommendation of the government of the 
United States in respect to their removal and future location ; and on 
such fair terms as the party of the first part and his associates, in the 
name of the said proprietors, shall propose to sell and release, by treaty, 
their said reserved lands, and on all occasions to co-operate with and aid 
the said party of the first part and his associates, as he may be from time 
to time advised, in talks and negotiations with the chiefs and other influ- 
ential men of the said tribe; and in the active application of his whole 
influence at councils and confidential interviews, for the purpose of effect- 
ing a treaty between the said tribe and the said proprietors, for the extin- 
guishment of the Indian title to the said reserved lands. 

"Second. In consideration of such efforts, co-operation, and services, 
on the part of the said Samuel Gordon, faithfully bestowed in the pre- 
mises, the said Heman B. Potter, on his part and that of his associates, 
agrees to pay, or cause to be paid, to the said Samuel Gordon, the sum of 
five thousand dollars, within three months after notice of the ratification by 
the Senate of the United States, of a valid treaty between the said tribe 
and the owners of the said pre-emptive title or their trustees, by which 
the right and title of the said Indians shall be effectually released and ex- 
tinguished in and to the said reserved lands. 

"This agreement, on the part of the said party of the first part, being 
expressly dependent upon a treaty to be made and ratified upon terms, 
conditions, and stipulatiotiS to be proposed and offered by the said party 
of the first pari and his associates, 

H. B. POTTER, [l. s.] 

SAMUEL GORDON, [l. s.] 
Witness : 0. Allen. 

" It is understood and agreed thai the sum of one thousand dollars is to 
be added to the within contract. 

September 29, 1838. O.ALLEN, 

H. P. WILCOX." 



[ 76 ] 

There are six oilier contracts of a similar character, which I will 
not take up the time of the Senate to read. These eight have late- 
ly come to light. How many are yet behind, undisclosed, time 
will tell. 

Here, ?.Ir. I'resident, we have a few illustrations, most liberal 
and honest and patriotic illustrations, of the means used by the 
agents of this land company, and under the authority of the pro- 
prietors, to induce the leading and influential chiefs to sell the lands 
of their unwilling constituents. Here we see, under the very nose 
of our commissioner, and at the moment of commencing his nego- 
tiation, ostensibly for the purchase of their Green Bay lands, the 
sum of twenty-one thousand, six hundred dollars in cash, besides 
leases, some for a term of years, some for life, some during occu- 
pancy, and one grant in fee simple, offered and promised in writ- 
ing to eight leading and influential chiefs, by this land company, as 
rewards, or rather as bribes for serving this company faithfully, 
with their influence in council, and in confidential inteviews with 
the other Indians, so as to effect a treaty ivith the Government/or 
their Green Bay lands, and so as to cff'ect a release and relin- 
quishment of the Indian title to the proprietors of their reserved 
lands in the State of JSew York ; and in case of success in these 
double negotiations, and in the event of their ratification by the 
Senate of the United States, then these bribes iverc to be consum- 
mated, and not otherwise. 

By these dark and midnight transactions, the order of things was 
to be curiously reversed. The emigrating parly were to stay in 
New York upon their leases, and the non-emigrating party were 
to be transported beyond the Mississippi. And are these contracts 
denied ? No, sir ; they are unblushingly and shamelessly admitted 
and justified ! They are admitted and justified by White Seneca, 
one of the chiefs, in favor of the treaty and of emigration, in his 
speech to the Secretary of War last August. They are admitted 
and justified by N. Strong, another chief in favor of the treaty and 
of emigration, in his letter to the President, of the 9th of last 
March. They are admitted by Orlando Allen, a white man, and 
one of the active agents of the land company, and justified, in his 
letter to the IVesident, of the 11th of last March. And, pray, what 
is the justification ? 

Mr. Allen tells us, in his testimony, whicii he communicated to 
the President last spring, " that he has understood (and believes 
the attempt was never made to conceal it) that provision was made 
for some of the chiefs, in accordance with all former usages among 
the Senecas." Yes, sir, Mr. Allen may well say he has under- 
stood that provision was made for some of the chiefs ; for I find 
this same Orlando Allen, who, under oath, speaks so doubtingly, 
as though by hearsay only, is a subscribing witness to at least two 
of these contracts. But, as to his belief that there were no at- 



[ 77 ] 

tempts made to conceal these contracts — contracts which were for 
secret influence and confidential services — we of the committee, 
who have travelled through this whole mass of testimony, will be- 
lieve just as much of this part of his testimony as we please, and 
that is precious little of it, if any. Wliile voluntarily furnishing a 
part of his testimony for the benefit of the President, he would have 
done but an act of justice if he had given him, in addition, that part 
of his testimony, taken on the same occasion, which was, that he 
was an agent of the company, and directly interested in the success 
of the treaty. Mr. Allen assimilates these rewards, promised and 
given to these chiefs, in this underhanded and clandestine manner, 
to the annuity given to Red Jacket, Corn Planter, and others. Sir, 
there is no similitude in these cases. What was given to Red 
Jacket, Corn Planter, and to the otiiers he has named, was given in 
open day, in the presence of the nation, and with the knowledge 
and approbation of their tribes. But enough of all this, for the pre- 
sent, at least. 

Sir, the Indians being thus tampered with, and prepared by 
bribes, in advance, for the occasion, our commissioner entered upon 
the stage for the performance of his part of the drama. And, sir, 
not to be tedious, to pass over a thousand details, and to come at 
once to the result, I will inform the Senate that our commissioner, 
after a protracted negotiation, did actually succeed in purchasing for 
ns the Green Bay lands. And he got these lands for us for the 
very triiling and frivolous consideration of $400,000 in cash, and 
1,800,000 acres of land, west of, and adjoining the State of Mis- 
souri. Here is a negotiation for you, which I am satisfied that no- 
thing but patience and perseverance and skill and dexterity and 
adroitness, aided with good friends to "back his suit withal," ever 
could have achieved. This $400,000 in cash, 1,800,000 acres of 
land, is all tliat our commissioner agreed to give for 435,000 acres 
of land at Green Bay, which five years previously we gave these 
Indians gratuitouly, and which gratuity they would neither move 
to, nor accept of us as a present ! 

Appended to this treaty we find an ordinary deed of conveyance 
from the Tuscaroras to Ogden & Fellows, of all their title to nine- 
teen hundred and twenty acres of land ; and from the Senecas, a 
similar deed of conveyance to Ogden & Fellows of all their title 
to one hundred and sixteen thousand acres of land, al! lying in the 
State of New York, and some of it in the neighborhood of Bufl^alo, 
and making all together, from both tribes, in round numbers, about 
118,000 acres of land, for which Ogden & Fellows agreed to pay 
the sum of about two hundred and eleven thousand dollars — not 
quite two dollars an acre. These deeds are honored with a pre- 
amble, and recite the important fact, that a treaty had been con- 
cluded between our commissioner and these Indians. These deeds 
are otherwise distinguished, by being approved, not only by the 

7* 



[ 78 ] 

superintendent of Massachusetts, wliose duly it probably was lo ap" 
prove them, but they were also approved of by our commissioner, 
not as a witness, but in his otBcial capacity — and what is still more 
remarkable, when this treaty came to the Senate, in 1838, for rati- 
lication, these deeds came with it. 

Well, sir, what next occurred ? Tiie treaty was read in the Se- 
nate, was properly referred, and then your committee went to work 
upon it. They found it so esaential/ij defective, ttiat it was out of 
tlieir power to recommend iis ratification. The objections to it 
were communicated, among others, to the Senators from New 
York. Some alterations in it were suggested by the War Depart- 
ment, and all agreed, without a dissenting voice in any quarter, so 
far as 1 recollect, that it could not be ratified in the form in which 
it was executed. We amended it, and so thoroughly, as to make 
nearly a new treaty out of it; and in these amendments the Senate 
concurred, and I believe with unanimity. 

While this treaty was before the committee, we heard many com- 
plaints from the Indians and others, against the treaty. Fraud, un- 
fairness, and bribery, of which, at that time, we had no evidence, 
were charged ; and it was stated that a majority of the chiefs nei- 
ther approved of nor had ?igned the treaty, although from the pre- 
amble it purported to have been executed in council, and properly 
assented to. To guard these charges, the Senate adopted the reso- 
lution of the 11th of June, 1838, which was recommended by the 
(Jommittee on Indian Aflairti, and which is as follows : 

^'■Provided always, and be it furtlur resolved, two-thirds of the Senate 
present concurring, That the treaty shall have no force or effect whatever, 
as it relates to any of said tribes, nations, or bands of New York Indians, 
nor shall it be understood that the Senate have assented'to any of the con- 
tracts connected with it, until the same, with the ainendments herein pro- 
posed, is submitted, and fully and fairly explained, by a commissioner of 
the United fStates, to each of said tribe?, or bands, separately assembled 
in council, and they have given their free and voluntary assent thereto; 
and if one or more of said tribes or bands, wlien consulted as aforesaid, 
shall freely assent to said treaty as amended, and to their contract con- 
nected therewith, it shall be bindino and obligatory upon those so assent- 
ing, although other or others of said bands or tribes may not give their 
assent, and thereby cease to bo parties thereto. Provided, further. That 
if any jjortion or part of said Indians do not emigrate, the President shall 
retain a proper propoilion of said sum of four hundred thousand dollars, 
and shall also deduct I'rom thequaniity of land allowed west of the Missis- 
sippi, such number of acres as will leave to each emigrant three hundred 
and twenty acres only." 

Thus it appears that we sanctioned the treaty of tiie 15th of 
.January, 1838, on the express condition tliat the treaty, as amend- 
ed by us, should be approved of by a majority of the chiefs of each 
tribe, separately assembled in open council, and after it had been 
by our commissioner fairly and fully explained in open council, 
and by a majority of them freely and voluntarily assented lo iix 
open council. 



[ 79 ] 

Well, sir, what next ? With the treaty, as amended, our com- 
missioner was once more despatched to his red brethren, with whom 
he had previously been so very successful, to obtain their assent to 
the treaty in its amended form. He received his instructions on 
the 9th of July, 1838, and was at his post in the month of August 
following. He succeeded in obtaining the assent of all the tribes 
but the Scnecas. These he found, as usual, a little refractoiy. He 
met them in council on the 17th of August, in a council house he 
had built for the purpose ; and as many of the chiefs were absent, 
he, at the request of the Indians, adjourned the council for three 
days. On his return on the 20th, he found his council house 
burnt down — the work of an incendiary. He built him another, 
and then fully and fairly explained the treaty and the amendments 
made to it by the Senate. He found the Senecas decided, not upon the 
subject of selling us the Green Bay lands, but upon the subject of 
emigration, which to us was a matter of no consequence. He gives 
us the decisions in the tribe, in a very minute and satisfactory 
manner. He then tells us that 

'• It will be recollected that at the time of making the original treaty, 
providing new homes for these Indians at the West, and the means of 
removing and subsisting them, that another treaty was signed between 
this tribe and the pre-emption owners, under the supervision of a superin- 
tendent from Massachusetts, conveying the Indian rights to their several 
reservations in New York. That treaty of sale was ratified by the Go- 
vernor and Council of Massachusetts. At the late council, it was the 
sale under this treaty, and not the advantages secured under the one 
negotiated by me, that formed the principal subject of consideration. The 
Government treaty was generally conceded to be liberal and advantage- 
ous ; still there appeared to be a settled purpose on the part of some to 
misrepresent the value of the advantages secured under it as one means 
of defeating the other." 

Here, Mr. President, we have the whole story, fresh, full, and 
complete, from the lips of our frank and candid commissioner. It 
vms the sale to the land company, brought about, as I have shown 
you, by bribery and corruption, that has occasioned the failure of 
our commissioner in perfecting, from this tribe, the purchase of 
their Green Bay land. Our treaty, he tells us, was considered 
liberal and advantageous, and with it no fault was found, and, I 
confess, it would have been passingly strange to me, if there had 
been any objections to it. 

And now let me ask, if our real object had been to purchase the 
Green Bay land, why was our treaty embarrassed by negotiating 
with them for their removal beyond the Mississippi ? Why not let 
them remain 1 they are not in our way. We are not bound, in 
any manner that I know of, to purchase their lands for these pre- 
emptioners. What have they done for " the State" that we should 
give them a million or so of dollars, in cash and land, to aid them 
in their speculations. Sir, our commissioner desired honor, and 
glory, and promotion ; and he was taught to believe, and no doubt 



[ 80 ] 

truly, that if, by negotiation, he could succeed in getting those 
Indians out of New York and over the Mississippi, at the expense 
of the United States, that glory, and honor, and promotion would 
be his reward. 

Sir, the Green Bay lands, if ever the subject oi" serious discussion 
at any time, were all along considered but a trifling matter with 
either the Indians or our negotiator. But I proceed, for 1 have yet, 
sir, a good deal of ground to travel over. 

The commissioner tells us, that, " at an early period of the 
council, that Marius B. Pierce, then an opponent of the treaty, in 
public council proposed to me the following questions." 

" 1. If the amendments of the treaty were not now assented to, whether 
I could adjourn ihe council ; and whether, if not adjourned, it could be 
again convened 1 

"2. Whetiier the Senate could recede from its amendments 1 

" I was also asked, at about the same lime, by others in council, 
whether the deed to the preemplive purchasers, being ratified by the 
Governor and Council of Massachuseliss, was obligatory upon the na- 
tion, wiihoul further action on the part of the nation 1 Also, whether the 
Senate of the United States had any legal jurisdiction over the subject?" 

To those questions the commissioner declined giving any an- 
swer ; and as he has not condescended to tell us why these ques- 
tions were asked, I will endeavor to supply his omissions as I feel 
myself able to do, from the testimony beibre us. The first question 
was asked because the opponents of the treaty then had a majority 
in council against the treaty, and were able to vote it down, and he 
was apprehensive that the commissioner might keep adjourning the 
council from day to day, until a majority might be got i?i some way 
or other to assent to the treaty. He and his friends were then ne- 
glecting their private aifairs ; were poor, without money, and de- 
pended for their bread upon their daily labor. They wanted to see 
the council closed, that they might go hoine ; they were unwilling 
that the council should be kept open any longer, or convened again, 
after it was closed. These were Pierce's reasons for asking the 
first question. 

He asked the second, because he had been told, as an inducement 
for their agreeing to the treaty, that the Senate would, if necessary. 
recede from its amendments, and that the treaty would be ratified 
as originally mad(>, and then, in that event, they would lose the 
rewards and life-leases, &c. which they then had it within their 
power to obtain from their friends, the generous and liberal minded 
pre-empt inner s. 

The third question was asked, because they were told the New 
V'ork land was gone at any rate — that their deeds had been ap- 
proved by the (iovernor and Coimcil of Massachusetts. The com- 
missioner also declined answering this question ; but afterwards, 
" learning that General Dearborn had expressed a different opi- 
nion,^'' (from that expressed by the head of the Indian bureau, and 



[ 81 ] 

by Mr. Ward, a clerk of that bureau,) " I informed the council of 
it, and General Dearborn gave Governor Everett's reasons for his 
opinions. The Indians were then left to form their own conclu- 
sions^on the question of title and probable action of the Senate. I 
then informed the Indians that, if the interests of the Indians 
required it, I believed I had the right, and should adjourn the 
council to some future day." Yes, sir ; and he did adjourn the 
council. The opinions of Governor Everett, respecting the validity 
of the sale, produced this result. The pre-emptioners could no 
longer frighten them " with the scarecrow" that their lands were 
gone. This being the case, it became necessary for the pre-emp- 
tioners to change their mode of attack ; and time was necessary to 
agree apon the modus operandi : and therefore the council was 
adjourned. 

The next entertainment we have of the commissioner is as 
follows : 

" Learning from the discussions in council, that many desired to re- 
main longer than five years on the reservation, I induced the agent of the 
pre-emptive owners, on the 26th of September last to authorize me in 
writing, to say to the council that he would, on behalf of the pre-emptive 
purchasers, agree to allow them to occupy their farming lands ten, instead 
of five years. His propositiop is marked No. 30. This offer did not, as 
was anticipated, ■prodace unanimity of feeling. Some said it was their 
desire to remain for their lives ; but that they were willing others might 
remove if they chose to do so. In connection with General Dearborn, I 
requested the agent to offer life leases, free of rent, to all who chose to 
remain. His offer to do so is marked No. 31. Without consulting with 
a single individual, a chief in the opposition, by the name of Israel 
Jemison, rose and stated that he was authorized to say that the opposition 
unanimously declined the proposition. Knowing that no one had au- 
thorized him to speak on a subject but that moment named in council, I 
did not consider his statement entitled to any respect. No one of the 
opposition rising to set him right in such a case of palpable falsehood, 1 
became satisfied of the truth of the allegation so often made, that many 
dare not speak their minds in council, and that compulsion was used to 
prevent chiefs from signing." 

He talks of /ear and compulsion ! Why sliould they fear ? Why 
should the Indian warriors manifest a timidity which, in a virtuous 
cause, would disgrace even their squaws? They fear because they 
are in a minority, and know they are doing, fro7n base and merce- 
nary considerations, what a majority of their people disapprove of. 
Their fear is but the palpable evidence of a guilty heart ! An ho- 
nest man, red or white, fears nothing ! Cowardice and trembling 
are the attributes of a guilty conscience ! 

He tells us that — 

" Immediately after communicating and explaining the offer of life 
leases to all who desired them, I presented the manuscript copy of the 
amended treaty, to which I had attached a written assent. I informed 
the council that those who chose to do so could sign it there, and those 
who, from fear, or other cause, preferred signing at my room in presence 



[ S2 ] 

of myself, the superintendent from Massachusetts, the agent, and such 
other persons as miyht be present, might do so. 1 then received sixteen 
signatures, and subsequently at my room, in presence of General Dear- 
born, thirteen, and two other signatures at the rooms of chiefs who were 
too unwell to attend council, making in all thirty-one chiefs.'' 

Yes, sir, with all the bribery [ have previously alluded to, with 
life. Icasca, free of rent, for all who chose to stay, embracing the 
7vhole tribe, we yet find the commissioner unable to get, in open 
council, as he was required to do by the resolution of the 11th 
June, 1838, but sixteen signatures of assent, out of eighty-one, to 
tlie amended treaty ; and, in addition to these sixteen, he obtained 
afterwards, not in council, but at his private lodgings, the signatures 
of assent of tliirteen more, and at their oum residence the signatures 
of two others, making, in all, but thirty-one, obtained, as before 
stated, out of eighty-one chiefs belonging to the Seneca nation. 
Finding this to be the case, he then, on the 2d of October, after 
laboring, if not praying and fasting, for upwards of forty days in 
the wilderness with the heathen, he informed the agent of pre- 
einptioners, {iiot the Indians with whom he was negotiating,) 

"That he should adjourn the council, as there seen)ed to be no more 
disposed to sign the assent. A rpiestion having been raised, (he tells us) 
whether the assent had been sufficiently signed or not, (that is, whether 
ihirty-one, if there had been no objection to the manner of obtaininj their 
signatures, was a majority of eighty-one,) he ''the agent of the land com- 
pany) desired me to adjourn to a future day, and that, in the mean time, 
1 could report to you." 

He adjourned the Council to the 15th of November. 

"On adjourning the council, I read them a talk, which is marked No. 
39. The Indians who are opposed to eoiigraiion did not object to this 
adjournment, and, in makinjr it, I did what I thought due to them and to 
the purchasers. If the assent is not sufhcienily signed, it may be done at 
a future day, and the emigration party, who have listened to the advice of 
the Ciovernment, may he saved from the oppression which would other- 
wise await them. If there were not signatures sufficient to meet your 
approbation, and it should turn out that the legal title is in the purchasers, 
then the condition of the Seneras would be deplorable. They would be 
without a home, thoutih one had been freely otTered to them." 

Poor Senecas ! how stubborn and stiff-necked they are ! Why 
will they not listen to the pathetic advice of the Government, so 
eloquently dehvered, and save themselves from oppression ? Why 
will they not see that if it should so happen that the title to their 
lands is vested in the puwhasers, how deplorable will be their con- 
dition ? Why will they not see (what no one else but the commis- 
sioner could perceive) that if the treaty should not be assented to, 
that they would be without a home — without even the Green Bay 
lands, which they refuse to sell us? What insanity ! How unrea- 
sonable they are in desiring to retain their ancestral homes and 
tiresides ! How cruel and hard-hearted they are, in refusing to 
gratify the humane and benevolent, and Indian-loving, and God- 



[ S3 ] 

Herving pi'c-emptioners ! Oh, Scnecas ! Senecas ! How you asto- 
nish your gray-headed fathers of the Senate ! 

Mr. President, we now find our commissioner laying aside his 
poetry and his predictions, and talking niathematicaily. After stating 
the number of chiefs who signed the treaty, and their manner of 
signing it, he then puts the question to the Secretary of War to 
know if it bo necessary to have the assent of all the chiefs upon the 
reservation. 

" If so [he sa5's] it was not sufficiently signed in my presence. [And 
he might have added it was still less stijficie>ii./y in open council, as it was 
required to be done by the Senate's resolution.] If not, need it be signed 
by more than a majority of all who, at any time, attended the council ! 
[He then reminds ns of what we would not otherwise probably have 
thought of, that] this is what is usually required in legislative bodies, and 
reasoning from analogy, the assent is sufficiently signed. If it requires 
a majority of all who may have been, from time to time, for short periods, at 
council, it is not in my power to give you the necessary facts whereon to 
decide." 

Now, sir, our most worthy commissioner, (who is an ex-member 
of Congress, and who, on that account, should be presumed to be 
familiar with the proceedings of deliberative bodies,) has lost sight of 
one very important point in his analogy, which is, that the official 
acts of members of Congress, out of their respective houses, (alias, 
the councils,) are nugatory. Does he not know that if members of 
Congress were to sign their assent to the passage of bills, or if Se- 
nators to the ratification of treaties, at their private rooms or lodg- 
ings, as this Indian assent (in part) was signed, that it would be 
nugatory, nonsensical, and unconstitutional 1 I leave the question 
to himself to answer. Speaking of analogies, I will go a little far- 
ther, and as he has said it better than I can say it, I will avail 
myself of the remarks of Gov. Everett upon this subject: 

"The treaty making power [says the Governor] is granted by the 
Constitution in general terms. No modification of its exercise, in refe- 
rence to Indian tribes, is recognised, as it would certainly be unconstitu- 
tional for the President of the United States to attempt to treat with 
individual members of any foreign State or Government, (not duly au- 
thorized to represent such body,) or to attempt to obtain the ratification of 
a treaty by means of the assent of individuals of the Senate, not duly 
assembled and acting as such." " 1 remain of opinion that the constitu- 
tionality of attempting to obtain the assent of individual Indian chiefs to 
the amended treaty, in the manner in question, is doubtful." 

Sir, were ever these old, safe, rational, and salutary rules dis- 
pensed with by our Government, in treating with any nation, fo- 
reign or domestic, civilized or savage? I know of no dispensation 
of those time-honored and customary forms in any case whatever. 
I hold, that if it be necessary to treat at all, that we should treat 
according to the ordinary and constitutional forms. 

The commissioner concludes his report by telling us, what we 
eould well have imagined, that all the expenses of the amended treaty 



[ 84 ] 

"3d been defrayed by the United States; and thinks if any further 
expenses are to be incurred, that the pre-emption purchasers should 
pay their part of it. He ought to have said the ivhole ofit,?i3 it 
wouhl all be for their private benefit. 

The report of General Dearborn to General Everett corresponds, 
in the main, with that of Mr. Gillett, and therefore I shall not be 
considered, I hope, as treating that able State paper with disrespect, 
if I dispose of it very l)riefly. 

General Dearborn tells us that, 

"Among ihe numerous and very cogent reasons which were urged 
by the commipsioner for inducing the Indians to assent to the amended 
treaty, during the progress of the long protracted deliberations, he observed 
that he had been directed by the officer at the head of the bureau of the In- 
dian Department, to stale, as his opinion, that the contract of the Indians for 
the sale of their right of possession to the Ogden Company was complete, 
and might be carried into effect, whether the treaty with the United 
States was ratified or not. 

"As this was the only statement made by the commissioner, to which 
I did not fully concur, I informed the chiefs it became my duty to an- 
nounce to them that the Governor of Massachusetts entertained a different 
view of the subject; and was authorized to state, that unless the amend- 
ments made to the treaty were assented to, he considered the contracts, 
for the sale of their right of possession, null and void ; but that he did not 
undertake, peremptorily, to decide a question'of such great importance; 
that it was one which required the most grave and deliberate considera- 
tion, and must ultimately be referred to the highest judicial tribunals of the 
country, if it should be insisted on by the pre-emptioners. 

" It was, therefore, for the chiefs to determine how far their decision 
was to be influenced by the doubtful position in which the subject was 
placed, from these conflicting opinions ; for if they should reject the treaty, 
and the contracts for the sale of their reservations were declared binding, 
they would be left without a home." 

This disclosure needs no comment. The unfairness and rep- 
rehensibility, on the part of the commissioner, of the use of such 
terrible and unsound arguments to the ignorant Senacas, is obvious 
to all. The general also tells us, that 

" The commissioner was induced to afford the last named accommoda- 
tion, in consequence of having been informed that there were several chiefs 
who are in favor of emigration, but were afraid to sign the treaty publicly, 
as they had been threatened with fatal consequences if they did. Intimi- 
dation has been extensively used by the leaders and their partisans in the 
opposition, for the purpose of defeating the wishes of those who are de- 
sirous of removing to the West. The commissioner was informed by the 
chiefs of the Tuscaroras, that threats had been sent to them from the 
Tonewanda reservation, to deter them from ratifying the treaty. 

" It had been repeatedly represented, during ihe last council and the 
present, that there were a number of Indians, and especially among the 
aged, who were desirous to remain here, and who often observed : 'Let 
the young go to the new country, beyond the great river, if they wish, 
but we are to old too begin new establishments ; vve had rather live and 
die where we have so long resided, on the land of jour fathers.' To obvi- 
ate this objection to the ratification of the treaty, the commissioner recom- 



[ 85 ] 

mended to the pre-emptioners that they should offer to give leases for life, 
free of rent, to such Indians as were anxious to remain, and 1 concurred in 
opinion as to the propriety of that measure, believing that it would not 
only be just towards the Indians, but considered as beneficent, magnani- 
mous, and liberal on their part, let the result be what it may ; that I con- 
sidered it important it should be done in open council, and made general 
in its operation, to preclude every ground of complaint or misrepresenta- 
tion. 

The pre-emptive agents having been finally induced to adopt that mea- 
sure, a communication was made to the commissioner, for carrying it into 
effect, which he laid before the assembled chiefs immediately after he had 
concluded his remarks on the method in which the assent was to be given 
to the treaty. 

"One of the chiefs, in behalf of those in the opposition, then rose and 
stated, that they did not desire toavail themselves of the offer which had 
just been made by the pre-emptive owners ; and observed that they wished 
the council might be kept open, after those had signed the treaty who 
were present, as they desired to execute, in the presence of ihe commis- 
sioner of the United Slates and superintendent of Massachusetts, a writ- 
ten declaration of their dissent. The commissioner replied that he was 
not authorized to authenticate any document other than such as he had 
been specially directed to submit for their consideration, and therefore 
could not with propriety keep the council open for the purpose which had 
been stated. 

" I was then reminded by another chief of the opposition party, that I 
had informed them on the opening of the council, although I was not in- 
structed to advise them either to remain where they were or to emigrate 
to the Indian Territory in the West, I had been sent there by ihe Go- 
vernor of Massachusetts to see that impartial justice was done to the 
Seneca nation of Indians, and that I had observed, on another occasion, I 
should not be deterred by the flash of the tomahawk or the crack of the 
rifle in the independentand honest discharge of my duty ; and as 1 should 
be a witness to such of the chiefs as were in favor of emigration, who 
signed the treaty, 'my head would not be straight' unless I also veri- 
fied their proceedings; and then asked me if T would remain for that pur- 
pose. 

" I answered, that I considered it my duty to comply with all proper 
requests, from any portion of the Seneca Indians, so far as it was in my 
power to do so ; that I should, with great pleasure, remain and witness 
the signatures to the declaration which it was proposed to execute 
after the commissioner of the United States had retired from the council 
house. 

" As many of the emigration chiefs were absent, only sixteen names 
were affixed to the treaty, in council, on the aSth ult.; and immediately 
after the adjournment, the written declaration of the chiefs opposed to emi- 
gration was produced and signed in my presence." 

Here we find that our commissioner refused to receive the list o( 
names of the dissenting chiefs, or what they called their protest, 
which was tendered him in open council. But General Dearborn, 
who is a military man — a man of mettle — who is not, as he in- 
forms us, to be " deterred from a faithful discharge of his duty by 
the flash of the tomahawk or the crack of the rifle," did receive 

8 



[ S6 ] 

and witness this dissent, or protest ; and forward it, according to 
the request of the Senecas, to Governor Eveiett. This protest 
contained the names oi sixty chiefs, ouiof eighty-one, and is to be 
found in our printed document, at page 174. Here ends my re- 
view of the reports of Messrs. Gilleti and Dearborn, upon their first 
embassj''. Tliey had another, which I will briefly dispose of; but, 
before doing so, it will be necessary to notice the official action of 
the head of the Indian bureau, upon our commissioner's report. 
Let us now see how Mr. Crawford viewed this mailer. Mr. Craw- 
ford savs, in iiis letter to the Secretary of War, of the 29ih of Oc- 
tober, 1838: 

"The only difficulty in the way of regarding the acts of the Indians 
as meeting the resolution of the Senate, that appears to me insuperable, 
concerns the assent reported to have been given by the Senecas. There 
are in this band seventy-eight chiefs. The assent of sixteen was obtained 
in council, of thirteen at the room of the commissioner, and of two others 
at their ovvn quarters, making thirty-one; and, since the arrival of Mr. 
(lillett in Washington, he has received the written assents of five more, 
jiroperly authenticated, making an aggregate of thirty six. The commis- 
sioner reports that not more than sixty-one chiefs aitended the council at 
one time, and thiiiy-six is more than one-half of the number of chiefs thai 
probably gave their atiendance in council at all the meetings; two of the 
chiefs, it is said, hold a questionable authority, and two have removed 
from the country. Is this an assent of the tiibe by the chiefs? The au- 
thority of the band resides in a// the chiefs; and although uniformity in 
their views can scarcely be expected, at least a majority of the chiefs, not 
of those who appeared in council, but of all upon the reservation, it strikes 
lis should consent to constitute the "free and voluntary assent" of the tribe. 
Deduct the two who, it is represented, exercise a doubtful authority, and 
the two who have removed, and seventy-four chiefs of the Senecas re- 
main, of whom, including the five whose assents were not attached to the 
modified treaty, but transmitted by mail, and we have thirty-six only. 
The last five, in my opinion, cannot be reckoned ; but I have not noted 
more particularly the defective manner of their assenting, because itw'as, 
in the view taken, unimportant. Perhaps, too, it ivns intended by the St- 
vate tliat ttieijfshoiild consent in council. \lr. Gillett states in his report that 
a printed copy of the treaty and amendments was handed liim, to which 
was affixed the signatures of thirty-five chiefs and one hundred and se- 
venteen warriors, declaring their assent thereto. Tliis writing is dated six 
days before t/ic assent in coiincitwnsob'ained, precded, as J presume, by ttiefull 
ixptnnations of tfie commissioner, andallliougli ivitnessed by James Stryker, 
United States sub-agent, and 11. P. Jfllcox, and no doubt fairli/ obtained, 
(for it embraces the names affixed to the assent prepared by Mr, Gillet, 
and four additional ones,)c«?i scarcely, it seems to me, be considered as with- 
in the intent of t lie Senate. If, however, you should think differently, the 
four chiefs, added to the whole number first mentioned, would give forty 
assenting chiefs out of seventy-eii;ht. Even if the legal right was as 
clear the one way as it appears to be the other, would it be expedient to 
act upon it ■? The Sen(!cas are evidently divided into two very nearly- 
equal parties, the one for and the other a^^ainsl the treaty, splitting on the 
subject of emijfration, which is much to be regretted, 'i'lieir own true 
interest and the liberal views of the Government they do not comprehend, 



C 87 ] 

and however desirable it is that they should leave New York, which 
would be the probable, but not the necessary consequence of the rutijicution 
of the treattf, one-half of them appear to be otherwise determined for the 
present. The report and accompanying papers show that much excite- 
ment prevails amonor ihem on the subject, and makes it too certain that but 
forbad advice they would accede to the proposed terms, which perhaps a 
renewed application migrht find them willintr to do. For this last purpose 
the door is still open, as the council was adjourned to the 15th of Novem- 
ber next." 

This letter of Mr. Crawford construes, and properly construes, the 
Senate's resolution of the 11th of June, 1838. Having submitted 
his letter to the Secretary of War, containing his opinions, &c. the 
Secretary advised upon the subject, and gave Mr. Crawford instruc- 
tions for future operations, and these instructions Mr. Crawford 
embodied in his letter to Mr. Gillett, of the 30th of October, 1838, 
and which is as follows, viz : 

" Sir: Your report and the treaty with the New York Indians, assent- 
ed to as amended in the Senate of the United States, have been submit- 
ted to the Secretary of War. He is of opinion that the consent of a 
majority of all the Seneca chiefs must be obtained, but that, as you have 
heretofore met the requirement of the Senate by full explanation to them in 
council, you may proceed to the Seneca reservations, and there obtain the 
assent of such Indians as have not heretofore given it. 

" You are accordingly authorized and requested, at your earliest con- 
venience, to proceed to the Seneca reservation in New York, and to carry 
out the above views. Your service amonsr the people qualifies you fully 
for the discharge of this duty, and gives assurance of its fair, honest, and 
capable performance. 

" Very respectfully, your most obedient servant. 

T. HARTLEY CRAWFORD. 

" Hon. R. H. Gillett, now at Washington. 

Here we have, sir, what I consider a false step in this negotia- 
toin, which was not warranted by the resolution of the 11th of 
June, 1838, nor sanctioned by usage or sound policy, in making 
treaties with any nation or Indian tribe whatever. Here, sir, is 
the led book, which contains all of our Indian treaties from the 
earliest period to the present day, and 1 boldly challenge any Sena- 
tor to show me in it a single treaty ever made by us with an Indian 
tribe, which ivas not made with them in counr/il, or else by dele- 
gates, duly authorized by the council to make such treaty. Sir, 
the Mcintosh treaty, which was made at the Indian Springs in 
Georgia, forms no exception to the principle I have here laid down. 
That treaty purported to have been made in council, and to have 
been assented to by a majority of the chiefs, and to have been agreea- 
ble to a majority of the Creeks. These important, and leading, 
and controlling facts, were vouched for and asserted by our com- 
missioner, on that occasion, in his report. Relying upon the 
truth of that statement, the Senate ratified that treaty — ;ind what 
followed? Mcintosh was murdered, and his followers were driven, 
for refuge and safely, out of the Creek nation into the white settle- 
ments. President Adams refused to carry that treaty into effect ; 



[ 88 ] 

and, the following session of Congress, laid ihe facts of the treaty 
before the Senate — and what did the Senate do with it? The Se- 
nate investigated it, and, finding it had been made by a minority of 
the chiefs, and by bribery and nnfair means, the Senate declared it 
7wll and void ; and yet, sir, with a knowledge of the proceedings 
of the Senate upon that treaty, we find, by Mr. Crawford's instruc- 
tions to Mr. Gillet, which I have just read, that our commissioner 
was authorized to proceed, for a third time, to the Seneca reserva- 
tion, and there obtain "the assent of such Indians as had not hereto- 
fore given it." 

This mode of hunting up Indians, and of getting their signatures, 
out of council, in the woods, or any where, wheresoever they may 
be found, seems tiot to have been verv cordially approved of by 
General Dearborn ; and upon ascertaining this fact, we find Mr. 
Crawford addressing another letter to Mr. Gillett, of the 19th of 
November, 1838, in which he says: "Tlie instructions given you 
when here, it seems to me, ivould justify your assembling of the 
Seiiecas, should you deem it necessary. But to remove any doubt. 
1 am directed by the Secretary of War to say, t/iat if General 
Dearborn desires it, yon are authorized, at your discretion, to hold 
such council." 

Here we find it a matter of doubt whether Mr. Gillett's instruc- 
tions would authorize him to convene a council, and it is stated that 
he is not to convene the council unless General Dearborn should 
desire it, and not even then, unless at his discretion. And he 
uev-er did convene the council, althoutjh it will be remembered that, 
on the 20th of October previous, the commissioner had not closed 
the council which he was then holding, but had publicly adjourned 
it to the 15ih of November. This public pledge, which we find stu- 
diously violated, seems in have given the parties concerned in it no 
sort of uneasiness, or to have needed any sort of apology. This 
violation of a public pledge by a duly authorized commissioner, is 
justified, though not avowed, on the ground,! suppose, that we are 
not bound, according to modern ethics, to keep faith with heretics or 
infidels; and we are called upon, as the high priests of the United 
Slates, on the alleged, but fallacious, pretext of expediency, to en- 
dorse this code of morality. 

Mr. Gillett says, in his report upon this mission, that "Ae visited 
such places on the reservations as he was desired to by any 
of the chiefs. I'^ight of the signatures were received at his room 
in Buffalo — one at his former lodgings at Buffalo creek, and one at 
the residence of the sub-agent." These ten, added to the thirty- 
one before received, makes forty-one altogether, which is a ma- 
jority of one, and then he insists that the treaty had been assented 
to ; if not according to the resolution of the Senate, it was assented 
to according to the instructions of the War Department. 

(lonnrat Dearborn's report, in the main, varies l)ut little from that 
of Mr. Gillett. He states, however, that he thouiiht there ought to 



[ S9 ] 

have been a council, but seems to have acquiesced in the otiier 
mode, as Mr. Gillett showed him the instructions he had received 
of Mr. Crawford of the 13th of October, by wliich he considered 
himself prohibited from calling a council. It is denied that Mr. 
Gillett said any thing to General Dearborn about his subsequent 
instructions of the 12th of November, 1S38. As Mr. Gillett no 
doubt intended to avail himself of the discretion these instructions 
gave him, and finding the pliant New Englander acquiescing in his 
views of expediency, he never did inform General Dearborn of those 
instructions. General Dearborn, in his letter to Gov. Everett of 
the 19th January last, says, he 7iever saw or heard of the instruc- 
tions of Mr. Crawford to Mr. Gillett of the 12th of November, 

1838, and yet the credulous General, after he had tbund out the 
existence of such secret instructions some time after the negotiatioa 
was ended, and after the whole proceedings were published, seems 
to take no offence at the circumstance, but states that he believes 
(a belief, to say the least of it, which shows on his part, a marvel- 
lous credulity) that his not seeing those instructions was undesigned 
and accidental. 

Mr. Crawford, in his letter to the Secretary of War of the 15th 
of January, 1839, upon the subject of the last reports of Mr. Gillett 
and General Dearborn, says : 

" That ten additional assents had been obtained, but that two of which 
are not manifested, by the party appearing and signing in person. The 
reasons ^iven for their not, appearing and signing in person the treaty as 
modified, are that one of them was absent, and the other prevented from 
doing so by the acts of chiefs opposed to the treaty." 

These are important details, and are not to be found in the print- 
ed report of Mr. Gillett, before whom these transactions occurred, 
and which probably accounts for the fact that several of the chiefs, 
whose signatures appear to the treaty, deny ever signing or assent- 
ing to the treaty, or of authorizing any other person to do so for 
theyn. I say important, because it will be observed that those two, 
signing by attorney, constitute what is claimed as a majority of the 
chiefs. Mr. Crawford concludes his letter by submitting the treaty, 
signed in the manner we have seen, by forty-one chiefs, for the 
consideration of the Secretary of War. 

The Secretary of War reports upon this treaty to the President, 
of the 19th January, 1839, and recommends the President to sub- 
mit it to the Senate. Here let me remark, that the President is 
authorized by the terms of the resolution of the Senate of the 11th 
of June, 1838, to promulge this treaty, without again consulting the 
Senate about it, whenever he is satisfied that it has been assented 
to, according to the true meaning and intent of the resolution of the 
11th of June, 1838. The President deemed it advisable, for rea- 
sons set forth in his message to the Senate of the 21st January, 

1839, not to promulge this treaty, but he submitted it again for our 

8* 



[ 90 ] 

advice. By doing so, he has shown that our confidence had not 
been misplaced. He has shown, most abundantly, that though he 
appreciated the wishes and interests of New York and of Massa- 
chusetts, that he was, at the same time, not disposed to gratify even 
those two powerful States, at the expense and sacrifice of the just 
claims of even a small fragment of wretched and miserable Indians. 
He had the power to speak but a single word, and close up this 
controversy forever. But, sir, he wisely preferred adhering to the 
immutable and eternal principles of justice, to the pecuniary gains 
of Massachusetts or New York ; he preferred preserving, with 
scrupulous fidelity, our national character, and honor, and honesty, 
to the contemptible spoils and laurels which might be gathered in 
triumphing, by forced and unlawful means, over a handful of igno- 
rant savages. Sir, he resisted importunities, and refused to pro- 
mulge the treaty, and sent it back to the Senate, to his impartial 
constitutional advisers, for their consideration. And how did the 
Senate dispose of it? Let the report of the Committee on Indian 
Affairs of the last session, and of the resolution of the '2d of March 
last, founded upon that report, answer the question. What is the 
resolution of the 2d of March ? 

" Resolved, That whenever the Presidfitit of the United States shall be 
satisfied that the assent of the Seneca tribe of Itidian.s has been given to 
the amended treaty of June 11, 1838, with the New York Indians, accord- 
ing to the true intent and meaning of the resolution of the Senate of the 
11th June, 1838, the Senate recommend thai the President make procla- 
inatiori of said treaty, and carry the same into efTect. " 

Sir, we adopted that resolution for the purpose of giving the par- 
ties interested another opportunity, which they desired, to get the 
treaty assented to by the Senecas. This was done on the 2d of 
March, the day before we adjourned the last Congress. 

On the 7th of that month, four days after the adjournment, and 
before the treaty wc had thus disposed of had leit the Secretary's 
otl".ce, so far as I know, but certainly before it had left the War 
Department, we find Nath. T. Strong, a Seneca chiel", in a letter 
to the President, misrepresenting the views and proceedings of the 
Senate upon that treaty, and urging him to ratify it. On the 9th of 
March, we find Mr. Allen, the agent of the land company, of whom 
1 have before spoken, in his letter to the President, urging him to 
ratify the treaty, which the Senate had refused to do but seven 
days before. He furnishes the President the same list of chiefs we 
had had before us, which he contended was a majority of the Sene- 
cas. 

On the 11th, we find Mr. Wilcox, another prominent individual 
throughout the whole of this long protracted negotiation, in his letter 
to the President, urging him to ratify the treaty, and endorsing the 
truth of Allen's statement relative to the number of chiefs. 



[ 91 ] 

On the 11th, we find Mr. Stryker, the sub-agent, in his letter to 
the President, furnishing a list of the chiefs, with the same view. 

On the 4th of April, we have a letter to the President, from the 
Ogden Land Company, with the same view ; and on the 6th of 
March, two days after we adjourned, we find that two of our bro- 
ther Senators, Messrs. Tallmadge and Norvell, furnished to this same 
Mr. Allen, for the purpose of showing (what they no doubt believed, 
and for which I attach no blame) that the requirements of the Se- 
nate, by the resolution of the 11th of June, 1838, that the treaty 
should be assented to in open council, was dispensed with by the 
resolution of the 2d of March. I can only say that that was not 
my understanding of the resolution of the 2d of March. What is 
that resolution? The resolution of the 2d of March authorized the 
President to make proclamation of the Seneca treaty whenever he 
should be satisfied that the amended treaty had been assented to, 
according to the true intent and meaning of the resolution of the 
llth of June, 1838. And how was that resolution of the 11th of 
June construed 1 Let the report of the Committee on Indian Affairs 
answer. And how was it construed by the commissioner, and by 
the War Department, until it was found expedient for them to give 
it a different construction 1 Let the history of this negotiation, 
which the published documents fully furnish, answer the question. 
How was it construed by the President? Let his message of the 
14th of January last answer the question. 

Construing- these resolutions as we did, the President refused to 
promulge the treaty, notwithstanding all the efforts made to induce 
him to do so. He despatched the Secretary of War, last August, 
to Buffalo, for the purpose of submitting the amended treaty to the 
Senecas, containing the views of the Senate, as re-affirmed by the 
resolution of the 2d March. He convened a council for this pur- 
pose, and what was the result ? The Secretary has given us nothing 
but the speeches of himself, of General Dearborn, of the agent, and 
of the Indian chiefs, for and against the treaty. But the President, 
in the message of the 14th of January last, transmitting this treaty 
again, and for the third time, to the Senate, for ratification, has 
given us the result of the Secretary's negotiation in three italicised 
lines, (multum in parvo,) which is, that " no advance towards ob- 
taining the assent of the Senecas to the amended treaty, in coun- 
cil, was made, nor can a majority of them, in council, he now oh- 
tainedy 

I have now, sir, endeavored to give the Senate a full and impar- 
tial, though I fear a tedious, history of what I consider the important 
points of this whole matter, from the beginning up to this day ; and 
in doing so, I liave based my statements upon the official published 
documents emanating from the public agents and officers of the 
Government. I have not relied, because such testimony, however 
unjustly, in some instances, might be cavilled at, upon Indian 



[ 92 ] 

statements and Indian affidavits. Nor have I relied, for any tiling 
I have said, upon the written statements of the Quakers, who are 
viewed by some gentlemen as officious intruders and intermeddlers 
in this atTair — not because I do not consider their statements as 
entitled to the fullest belief, but because I have not found such reli- 
ance necessary. 

Now, sir, having wholly failed, after two years of expense and 
trouble, of trials and tribulations, backed by the potent influence of 
New York and Massachusetts, and of the active mevihers of the land 
company and their ?-ewarded chiefs, to obtain, in open council or 
otherwise, the voluntary assent of a majority of the Seneca chiefs 
to the very liberal treaty we are now considering — a treaty by 
which we agree to give to the Senecas, for their part of the Green 
Bay lands, their portion of the $400,000 in cash, and their portion 
of the 1,800,000 acres of land west of the State of Missouri — hav- 
ing failed in all this, what shall we do ? Shall we throw our treaty 
in the fire, and take by force what we have been unable to accom- 
plish by negotiation? It is a grave question for the Senate to de- 
cide. If history is to be credited, it is not an unusual occurrence 
for the weak and helpless to be robbed and pieyed upon by power- 
ful civilized communities professing Christianity. Sir, w hen Ctesar 
demanded the public treasure of Rome, he scorned the production of 
any other warrant than his sword. And if we really want the 
lands of the Senecas for our masters — for this huge and overgrown 
land company — we have but to use a similar argument, and no 
doubt it will be attended with similar success. Sir, if we decide 
upon such a step, let us accomplish our purpose in the bold spirit 
of the valiant highwayman, and not by the trick and trap, the 
nhuflling and legerdemain of a spurious treaty? li^ we have deter- 
mined to give up our honesty, I hope we shall at least preserve our 
reputation for courage. 

By a census of the Senecas, which has been furnished us, it 
appears that not only a majority of the chiefs, but also, about tbur- 
teen-fifteenths of the whole population, are against the treaty, and 
opposed to emigration. This proportion, we find existing now 
among them, after all the influences I have before alluded to have 
been brought to bear upon them for upwards of two years. And, 
sir, what is more, afier endeavoring, in addition to all this, to starve 
them into siihmission, by withholding from them until late in the 
summer of 1838, their annuity of 1837, I will read to the Senate, 
for their information, the lettter of JVIr. Harris of the 14th of March, 
1835: 

VYaii Department, 7 

OfTice of Indian Atfairs, March 11, 1838. 5 
" SiK : In rejrard to the inquiries contained in the honorable Mr. Mar- 
vin's letter of the 2J insiant, referred by you to this ofTice for a report, I 
beg leave to observe, that it is known iiere that the Seneca annuity for 



[ 93 ] 

1837 has not been paid. Remittances were made for the purpose in June 
last; but owing to various causes, among which were the absence of an 
exploring party to the West, the pendency of a negotiation with the New 
York Indians, and the engagement of the disbursing agent in the sup- 
pression of the hostile movements on the Canada border, the payment has 
not been made. The sub-agent, now here, informs me that it is not desira- 
ble it should be made until the return of the delegation now in this city,''^ 
Very respectfully, your most obedient servant, 

C A, HARRIS, Commissionei. 
Hon. J. R. Poinsett, Secretary of War. 

Sir, the Indians now are, as they have been from the beginning, 
agitated, excited, and unhappy, about this treaty ; and I now hope 
that, on this day, the Senate will quiet their agonizing apprehen- 
sions by finally disposing of it — by ratifying or rejecting it. 

I had thought the treaty an advantageous one to the Indians. I 
think so still. But I am not disposed to force upon them a measure, 
though calculated, as I believe, to redound to their advantage, which 
they literally ahhor. Whenever they may manifest a disposition 
to go westward, I, for one, will be willing to give them a home. 
But, in any future treaty we may have with them, should this one 
be rejected, I hope we shall have nothing to do with the Massa- 
chusetts land company. Let this company extinguish their right 
of occupancy themselves. And I here call upon those Senators 
who are so opposed to monopolizing companies and corporations — 
so averse to paying State, or company, or corporation debts, with 
public money or public lands, for objects of State or company pur^ 
poses exclusively, to stand by me on this trying occasion, and pre- 
vent such a conversion of the public treasure to such unworthy 
purposes — to local purposes in which we have not a shadow of in^ 
terest. 

We have had before us a great mass of testimony {ex parte al- 
ways) upon both sides, criminating and recriminating each other. 
We have looked over it all ; and we of the committee congratulate 
ourselves upon being able to make up our minds upon the merits of 
this treaty from the fullness of our official documents, without rely- 
ing, in any great degree, upon this ex parte testimony. 

I conclude, Mr. President, by expressing the hope that the Se- 
nate will adopt the resolution reported by the Committee on Indian 
Affairs, which is a resolution to reject the treaty. 



[ No. 3. ] 

RESOLUTION BY THE SENATE. 

Resolved, further, (two-thirds of the Senators present concur- 
ring.) That the Senate advise and consent to the ratification of the 



L 94 ] 

supplemental article to the treaty concluded at Buffalo Creek, in the 
iState of New York, January 15, 1839, which was made at the 
council house of St. Regis, on the 13th day of February, 1838 : 
Provided, The chiefs and headmen of the St. Regis Indians, re- 
siding in New York, will in general council accept of and adopt the 
aforesaid treaty, as modified by the preceding resolution of ratifi- 
cation. 

Provided, always, and be it further resolved, (two-thirds of the 
Senate present concurring,) That the treaty shall have no force or 
effect whatever, as it relates to any of said tribes, nations, or bands 
of New York Indians, nor shall it be understood that the Senate 
have assented to any of the contracts connected with it, until the 
same, with the amendments herein proposed, is submitted and fully 
and fairly explained, by a commissioner of the United States, to 
each of said tribes, or bands, separately assembled in council, and 
they have given their free and voluntary assent thereto ; and if one 
or more of said tribes or bands, when consulted as aforesaid, shall 
freely assent to said treaty as amended, and to their contract con- 
iiected therewith, it shall he binding and obligatory upon those so 
assenting, although other or others of said bands or tribes may not 
give their assent, and thereby cease to be parties thereto : Provided, 
further. That if any portion or part of said Indians do not emigrate, 
tlie President shall retain a proper porportion of said sum of four 
hundred thousand dollars, and shall also deduct from the quantity 
of land allowed west of the Mississippi such number of acres as will 
leave to each emigrant three hundred and twenty acres only. 

Attest: ASBURY DICKINS, Secretary, 



[ No. 4. ] 
TREATY WITH THE NEW YORK INDIANS, 

As amended by the Senate, and assented to by the several tribes, 

1S38. 

Articles of a treaty made and conchidcd at Buffalo Creek, in the 
State of New York, the ffteenth day of January, in the year of 
our Lord, one thousand, eight hundred and thirty-eight, by 
Ransom H. Gillet, a commissioner on the part of the United 
States, and the chiefs, headmen, and warriors, of the several 
tribes of New York Indians, assembled in coiincil, ivitnesseth : 

Whereas, the Six Nations of New York Indians, not long after 
the close of the war of the revolution, became convinced, from the 
rapid increase of the white settlements around, that the time was 
not far distant when their true interest must lead them to seek a 
new home among their red brethren in the west : And whereas, this 



[ 95 ] 

subject was agitated in a general council of the Six Nations as early 
as one thousand eight hundred and ten, and resulted in sendino- a 
memorial to the President of the United States, inquiring whether 
the Government would consent to their leaving their habitations, 
and their removing into the neighborhood of their western brethren; 
and if they could procure a home there, by gift or purchase, whether 
the Government would acknowledge their title to the lands so ob- 
tained in the same manner it had acknowledged it in those from 
whom they might receive it ,* and further, whether the existing trea- 
ties would, in such a case, remain in full force, and their annuities 
be paid as heretofore : And, whereas, with the approbation of the 
President of the United States, purchases were made by the New 
York Indians from the Monomonie and Winnebago Indians, of cer- 
tain lands at Green Bay, in the Territory of Wisconsin, which, 
after much difficulty and contention with those Indians concerning 
the extent of that purchase, the whole subject was finally settled by 
a treaty between the United States and the Menomonie Indians, 
concluded in February, one thousand eight hundred and thirty-one, 
to which the New York Indians gave their assent on the seventeenth 
day of October, one thousand eight hundred and thirty-two: And 
whereas, by the provisions of that treaty, five hundred thousand 
acres of land are secured to the New York Indians of the Six Na- 
tions, and the St. Regis tribe, as a future home, on condition that 
they ail remove to the same within three years, or such reasonable 
time as the President should prescribe : And whereas, the President 
is satisfied that various considerations have prevented those still 
residing in New York from removing to Green Bay, and, among 
other reasons, that many who were in favor of emigration preferred 
to remove at once to the Indian territory, which they were fully 
persuaded was the only permanent and peaceable home for all the 
Indians, and they therefore applied to the President to take their 
Green Bay lands, and provide them a new home among their 
brethren in the Indian territory : And whereas, the President being 
anxious to promote the peace, prosperity, and happiness of his red 
children, and being determined to carry out the humane policy of 
the Government in removing the Indians from the east to the west 
of the Mississippi, within the Indian territory, by bringing them to 
see and feel, by his justice and liberality, that it is their true policy 
and for their interest to do so without delay. 

Therefore, taking into consideration the foregoing premises, the 
following articles of a treaty are entered into between the United 
States of America and the several tribes of the New York Indians, 
the names of whose chiefs, headmen, and warriors are hereto sub- 
scribed, and those who may hereafter give their assent to this 
treaty in writmg, within such time as the President shall appoint : 



r 96 ] 

General provisions. 

Article 1. The several tribes of New York Indians, the nannes 
of whose chiefs, headmen, warriors, and representatives, ai*e here- 
unto annexed, in consideration of the premises above recited, and 
the covenants hereinafter contained, to be performed on the part of 
the United States, hereby cede and relinquish to the United States 
all their right, title, and interest to the lands secured to them at 
Green Bay, by the Menomonie treaty of one thousand eight hun- 
dred and thirty-one, excepting the following tract, on which a part of 
the New York Indians now reside : beginning at the southwesterly 
corner of the French grants at Green Bay, and running thence 
southwardly to a point on a line to be run from the Little Cocaclin, 
parallel to a line of the French grants, and six miles from Fox 
river; from thence on said parallel line northwardly, six miles; 
from thence eastwardly to a point on the northeast line of the 
Indian lands, and being at right angles to the same. 

Article 2. In consideration of the above cession and relinquish- 
ment, on the part of the tribes of the New York Indians, and in 
order to manifest the deep interest of the United States in the future 
peace and prosperity of the New York Indians, the United States 
agree to set apart the following tract of country, situated directly 
west of the State of Missouri, as a permanent home for all the New 
York Indians, now residing in the State of New York, or in Wis- 
consin, or elsewhere in the United States, who have no permanent 
homes, which said country is described as follows, to wit : Begin- 
ning on the west line of the State of Missouri, at the northeast 
corner of the Cherokee tract, and running thence north along the 
west line of the State of Missouri, twenty-seven miles to the south- 
erly line of the Miami lands ; thence west so far as may be neces- 
sary, by running a line at right angles, and parallel to the west line 
aforesaid, to the Osage lands, and thence easterly along the Osage 
and Cherokee lands to the place of beginning, to include one million 
eight hundred and twenty-four thousand acres of land, being three 
hundred and twenty acres for each soul of said Indians, as their 
numbers are at present computed. To have and to hold the same 
m fee simple to the said tribes or nations of Indians, by patent from 
the President of the United Slates, issued in conformity with the 
provisions of the third section of the act, entitled " An act to pro- 
vide for an exchange of lands with the Indians residing in any of 
the Slates or Territories, and for their removal west of the Missis- 
sippi," approved on the twenty-eighth day of May, eighteen 
hundred and thirty, with full power and authority in the said In- 
dians to divide said lands among the different tribes, nations, or 
bands, in severalty, with the right to sell and convey to and from 
each other, under such laws and regulations as may be adopted by 
ihe respective tribes, acting by themselves, or by a general council 



[ 97 ] 

ii the said New York Indians, acting for all the tribes collectively. 
It is understood and agreed, that the above described country is 
intended as a future home for the following tribes, to wit : The 
Senecas, Onondagas, Cayugas, Tiiscaroras, Oneidas, St. Regis, 
Stockbridges, Munsees, and Brothertowns, residing in the State of 
New York, and the same is to be divided equally among them, 
according to their respective numbers, as mentioned in a schedule 
hereto annexed. 

Article 3. It is further agreed that such of the tribes of the 
New York Indians as do not accept and agree to remove to the 
country set apart for their new homes within five years, or such 
other times as the President may, from time to time, appoint, shall 
forfeit all interest in the lands so set apart to the United States. 

Article 4. Perpetual peace and friendship shall exist between 
the United States and the New York Indians; and the United 
States hereby guaranty to protect and defend them in the peaceable 
possession and enjoyment of their new homes, and hereby secure 
to them, in said country, the right to establish their own form of 
government, appoint their own officers, and administer their own 
laws ; subject, however, to the legislation of the Congress of the 
United States, regulating trade and intercourse with the Indians. 
The lands secured to them by patent under this treaty, shall never 
be included in any State or Territory of this Union. The said 
Indians shall also be entitled, in all respects, to the same political 
and civil rights and privileges that are granted and secured by the 
United States to any of the several tribes of emigrant Indians settled 
in the Indian Territory. 

Artice 5. The Oneidas are to have their lands in the Indian 
Territory, in the tract set apart for the New York Indians, adjoin- 
ing the Osage tract, and that hereinafter set apart for the Senecas ; 
and the same shall be so laid off as to secure them a sufficient 
quantity of timber for their use. Those tribes, whose lands are 
not specially designated to this treaty, are to have such as shall be 
set apart by the President. 

Article 6. It is further agreed that the United States will pay 
to those who remove west, at their new homes, all such annuities 
as shall properly belong to them. The schedules hereunto annexed 
shall be deemed and taken as a part of this treaty. 

Article 7. It is expressly understood and agreed, that this 
treaty must be approved by the President, and ratified and confirm- 
ed by the Senate of the United States, before it shall be binding 
upon the parties to it. It is frther expressly understood and 
agreed, that the rejection by the President and Senate, of the pro- 
visions thereof, applicable lo one tribe, or distinct branch of a tribe, 
shall not be construed to invalidate as to others, but as to them it 
shall be bindinsr, and remain in full force and effect. 

Article 8. It is stipulated and agreed that the accounts of the 

9 



[ 98 J 

commissioner, and expenses incurred by him in holding a council 
with ihe New York Indians, and concluding treaties at Green 
Bay and Duck Creek, in Wisconsin, and in the State of New York, 
in 1836, and those for the exploring party of the New York In- 
dians, in 1837, and also the expenses of the present treaty, shall 
be allowed and settled according to Ibrmer precedents. 

Special provisions for the St. Regis. 

Article 9. It is agreed with the American party of the St. 
Regis Indians, that the United States will pay to the said tribe, on 
iheir removal west, or at such time as the President shall appoint, 
tlie sum of five thousand dollars, as a remuneration for moneys 
laid out by the said tribe, and for services rendered by their chiefs 
and agents in securing the title to the Green Bay land, and in re- 
moval to the same, the same to be apportioned out to the several 
claimants by the chiefs of the said party, and a United States com- 
missioner, as may be deemed by them equitable and just. It is 
further agreed, that the following reservation of land shall be made 
to tlie Rev. Eleazer Williams, of said tribe, which he claims in his 
own right and in that of his wife, which he is to hold in fee simple, 
by patent from the President, with full power and authority to sell 
and dispose of the same, to wit: beginning at a point in the west bank 
of Fox river, thirteen chains above the old mill dam, at the rapids 
of the Little Kockalin ; thence north fifty-two degrees and thirty 
minutes west, two hundred and forty chains ; thence north thirty- 
seven degrees and thirty minutes east, two hundred chains; thence 
south fifty-two degrees and thirty minutes east, two hundred and 
forty chains, to the bank of Fox river ; thence up along the bank 
of Fox river to the place of beginning. 

Special provisions for the Senecas- 

Article 10. It is agreed witli the Senecas that they shall have 
for themselves and their friends, the Cayugas and Onondagas, 
residing among them, the easterly part of the tract set apart for the 
New York Indians, and to extend so far west as to include one- 
half section (three hundred and twenty acres) of land for each soul 
of the Senecas, Cayugas, and Onondagas, residing among them ; 
and if, on removing west, they find there is not sufficient timber 
on this tract for their use, then the President shall add thereto tim- 
ber land sufficient for their accommodation, and they agree to re- 
move from the State of New York to their new homes within five 
years, and to continue to reside there. And whereas, at the making 
of this treaty, Thomas L. Ogden and Joseph Fellows, the as- 
signees of the State of Massachusetts, have purchased of the Seneca 
nation of Indians, in the presence and witli the approbation of the 



[ 99 ] 

United States commissioner, appointed by the United States to 
hold said treaty, or convention, all the right, title, interest, and 
claim of the said Seneca nation to certain lands, by a deed oi con- 
veyance, a duplicate of which is hereunto annexed ; and whereas, 
ethconsidera tion money mentioned in said deed, amounting to two 
hundred and two thousand dollars, belongs to the Seneca nation, 
and the said nation agrees that the said sum of money shall be paid 
to ihe United States, and the United States agree to receive the 
same, to be disposed of as follows : the sum of one hundred thou- 
sand dollars is to be invested by the President of the United States 
in safe stocks, for their use, the income of which is to be paid to 
them at their new homes, annually, and the balance, being the sum 
of one hundred and two thousand dollars, is to be paid to the 
owners of the improvements on the lands so deeded, according to 
an appraisement of said improvements, and a distribution and 
award of said sum of money, among the owners of said improve- 
ments, to be made by appraisers, hereafter to be appointed by the 
Seneca nation, in the presence of a United States commissioner, 
hereafter to be appointed, to be paid by the United States to the 
individuals who are entitled to the same, according to said appraisal 
and award, on their severally relinquishing their respective posses- 
sions to the said Ogden & Fellows. 



Special ■provisions for the Cayugas. 

Article 11, The United States will set apart for the Cayugas, 
on their removing to their new homes at the west, two thousand 
dollars, and will invest the same in some safe stocks, the income 
of which shall be paid them annually at their new homes. The 
United States further agree to pay to the said nation, on their re- 
moval west, two thousand five hundred dollars, to be disposed of 
as the chiefs shall deem just and equitable. 



Special provisions for the''' Onondagas residing on the Seneca 
Reservations. 

Article 12. The United States agree to set apart for the Onon- 
dagas, residing on the Seneca reservations, two thousand five hun- 
dred dollars, on their removing west, and to invest the same in 
safe stocks, the income of which shall be paid to them annually at 
their new homes. And the United States further agree to pay to 
the said Onondagas, on their removal to their new homes in the 
west, two thousand dollars, to be disposed of as the chiefs shall 
deem equitable and just. 



[ 100 ] 

special provisio7is for the Oneidas residing in the State of 
New York. 

Article 13. The United States will pay the sum of four thou- 
sand dollars, to be paid to Baptiste Powlis, and the chiefs of the first 
Christian party residing- at Oneida ; and the sum of two thousand 
dollars shall be paid to William Day, and the chiefs of the Orchard 
party residing there, for expenses incurred, and services rendered, 
in securing the Green Bay country and the settlement of a portion 
thereof; and they hereby agree to remove to their new liomes, in 
the Indian territory, as soon as they can make satisfactory arrange- 
ments with the Governor of the State of New York for the pur- 
chase of their lands at Oneida. 

Special provisions for the Tuscaroras. 

Article 14. The Tuscarora nation agree to accept the country 
set apart for them, in the Indian territory, and to remove there 
within five years and continue to reside there. It is further agreed 
that the Tuscaroras shall have their lands, in the Indian country, 
at the forks of the Neosho river ; which shall be so laid off as to 
secure a sufficient quantity of timber for the accommodation of the 
nation. But if, on examination, they are not satisfied with this 
location, they are to have their lands at such place as the President 
of the United States shall designate. The United States will pay 
to the Tuscarora nation, on their settling at the west, three thou- 
sand dollars, to be disposed of as the chiefs shall deem most equi- 
table and just. Whereas, the said nation owns, in fee simple, five 
thousand acres of land, lying in Niagara county, in the Slate of 
New York, which was conveyed to the nation by Henry Dearborn, 
and they wish to sell and convey the same before they remove 
west : Now, therefore, in order to have the same done in a legal 
and proper way, they hereby convey the same to tlie United States, 
and to be held in trust for them ; and they authorise the President 
to sell and convey the same ; and the money which shall be re- 
ceived for the said lands, exclusive of the improvements, the Presi- 
dent shall invest in safe stocks for their benefit, the income from 
which shall be paid to the nation, at their new homes, annually; and 
the money which shall be received for improvements on said lands 
shall be paid to the owners of the improvements, when the lands 
are sold. 'J'he President shall cause the said lands to be surveyed, 
and the improvements shall be appraised by such persons as the 
nation shall appoint; and said lands shall also be appraised and 
shall not be sold at a less price than the appraisal, wiihout the con- 
sent of James Cusick, William Mountpleasant, and William Chew, 
or the survivor or survivors of them ; and the expenses incurred 



[ 101 ] 

bythe United States in relation to this trust are to be deducted 
from the moneys received before investment. 

And whereas, at the making of this treaty, Thomas L. Ogden 
and Joseph Fellows, the assignees of the State of Massachusetts, 
have purchased of the Tuscarora nation of Indians, in the presence 
and with the approbation of the commissioner, appointed on the 
part of the United States to hold said treaty or convention, all the 
right, title, interest, and claim of the Tuscarora nation to certain 
lands, by a deed of conveyance, a duplicate of which is hereunto 
annexed : And whereas, the consideration money for said lands 
has been secured to the said nation to thftir satisfaction, by Thomas 
L. Ogden and Joseph Fellows ; therefore, the United States hereby 
assent to the said sale and conveyance, and sanction the same. 

Article 15. The United States hereby agree that they will ap- 
propriate the sum of four hundred thousand dollars, to be applied 
from time to time, imder the direction of the President of the 
United States, in such proportions as may be most for the interest 
of the said Indians, parties to this treaty, for the following pur- 
poses, to wit: To aid them in removing to their homes, and sup- 
porting themselves the first year after their removal ; to encourage 
and assist them in education, and in being taught to cultivate their 
lands ; in erecting mills and other necessaiy houses; in purchasing 
domestic animals and farming utensils, and acquiring a knowledge 
of the mechanic arts. 

In tesumony whereof, the commissioner and the chiefs, headmen, 
and people, whose names are hereto annexed, being duly authorised, 
have hereunto set their hands, and affixed their respective seals, at 
the time and place above mentioned. 

R. H. GILLETT, [l. s.] 

Commissioner, 

Senecas. 

Dao-nepho-gah, or Little Johnson, his x mark [1. s.] 

Da-ga-o-geas, or Daniel Twoguns [1. s.] 

Gee-odowa-neh, or Captain Pollard, his x mark [1. s.] 

Joh-nes-ha-dih, or James Stevenson, his x mark III. s.] 

Hiire-hau-stock, or Captain Strong, his x mark [1. s.] 

So-ne-a-ge, or Captain Snow, his x mark [I. s.] 

Hau-neh-hoy's-oh, or Blue Eyes, his x mark [1. s.] 

Haw-naw-wah-es, or Levi Haiftown his x mark ||1. s.] 

Goat-hau-oh, or Billy Shanks, his x mark [1. s.] 

Hau-sa-nea-nes, or White Seneca, his x mark [1. s.] 

Howah-do-goh-deh, or George Bennet, his x mark [1. s.] 

Hays-tah-jih, or Job Pierce, his x mark [1. s.ll 

Sho-nan-do-wah, or John Gordon, his x mark [1. s.] 

Noh-sok-dah, or Jim Jonas, his x mark [1. s.] 
9* 



[ 102 ] 



Shaw-neh-dik, or William Johnson, his x 

Gaw-neh-do-au-ok, or Reuben Pierce, his x 

Shavv-go-nes-goh-sha-oh, or Morris Half- 
town, 

Shaw-go-za-sot-hoh, or Jacob Jimeson, 

Gua-vva-no-oh, or George Big Deer, 

Joh.que-ya-suse, or Samuel Gordon, 

Gua-nc-oh-doh, or Thompson S. Harris 

Gau-geh-queh-doh, or George Jimeson, 

Hon-non-de-uh, or Nathaniel T. Strong. 

Nuh-joh-gau-eh, or Tall Peter, 

Sho-nauk-ga-nes, or Tommy Jimmy, 

So-joh-gvva-us, or John Tall Chief, 

Shau-gau-nes-es-tip, or George Fox, 

Go-na-daw-goyh, or Jabez Stevenson, 

Tit-ho-yuh, or William Jones, his x mark [ 

Juneah-dah-glence, or George White, by his 
agent White Seneca, his x 

Gau-nu-su-goh, or Waller Thompson, by his 



his X 
his X 
his X 



his X 

his X 
his X 
his X 



mark [ 
mark [ 

mark [ 
mark [ 
mark [ 
[ 
[ 
mark [ 

[ 
mark [ 
mark [ 
mark [ 

[ 
[ 



agent Daniel Twoguns, 
Dau-ga-se, or Long John, 
Gua-sa-we-dah, or John Bark. 
Gau-ni-dough, or George Lindsay, 
Ho-ma-ga-was, or Jacob Bennet, 
On-di-hch-oh, or John Bennet, 
Nis-ha-nea-nent, or Seneca White, 
Ha-dya-no-doh, or Maris Pierce, 
Yoh-dih-doh, or David White, 
James Shongo, 

Ka-non-da-gyh, or William Cass, 
Ni-ge-jos-a, or Samuel Wilson, 
Jo-on-da-goh, or John Seneca, 



his X 
his X 
his X 

his X 
his X 
his X 



his X 
his X 
his X 
his X 



mark [ 

mark [ 
mark ] 
mark [ 

[ 
mark [ 
mark [ 
mark [ 
[ 
[ 
mark [ 
mark [ 
mark [ 
mark [ 



Tuscaroras. 
Ka-nat-soyh, or Nicholas Cusick, [ 

Sacharissa, or William Chew, [ 

Kaw-we-ah-ka, or William Mt. Pleasant, his x mark [ 
Kaw-re-a-rock-ka, or John Fox, [ 

Gee-me, or James Cusick, [ 

Ju-hu-we-at-kak, or John Patterson, his x mark [ 
0-tah-qua\v-naw-wa, or Samuel Jacobs, [ 

Ka-noh-sa-ta, or James Anthony, his x mark [ 

Gou-ro-quan, or Peter Ehii, his x mark [ 

Tu-nak-she-a-han, or Daniel Peter, his x mark [ 

Oneidas residing in the State of New York, for themselves ai 
their parties. 

Baptiste Powlis, his x mark [1. s.] 



[ 103 ] 

Jonathan Jordon, his x mark [1. s.] 

Oneidas at Green Bay. 

John Anthony, his x mark [1. s.] 

Honjoit Smith, his x mark [I. s.] 

Henry Jordon, hisx mark [1. s.] 

Thomas King, his x mark [1. s.] 

St. Regis. 
Eleazer Williams, chief and agent, [1. s.] 

Oneidas residing on the Seneca reservation. 

Hon-no-g-nea-doh, or Silversmith, his x mark [1. s.] 

(For himself and in behalf of his nation.) 

Hoge-wayhtah, or William Jacket, his x mark [1. s.] 

Sah-hu-gae-ne, or Button George, his x mark [1. s.] 

Principal Onondaga warriors, in behalf of themselves and the 

Onondaga tvarriors. 

Ka-noh-qua-sa, or William John, his x mark [I. s.] 

Dah-gu-o-a-dah, or Noah Silversmith, his x mark [1. s.] 

Cayugas. 
Skok-no-eh, or William King, his x mark [1. s.] 

Geh-da-or-loh, or James Young, [1. s.] 

Gay-on-wek, or Jack Wheelbarrow, his x mark [1. s.] 

D'yo-ya-tek, or Joseph Isaac, his x mark [1. s.J 

For themselves and in behalf of the nation. 

Principal Cayuga warriors, in behalf of themselves and the 
Cayuga ivarriors. 
Hah-oh-u, or John Crov^^, 
Ho-na-e-geh-dah, or Snow Darkness, 
Gone-ah-ga-u-do, or Jacob G. Seneca, 
Di-i-en-use, or Ghastly Darkness, 
Hon-ho-gah-dyok, or Thomas Crow, 
Wau-wah-wa-na-onk, or Peter Wilson, 
So-en-dagh, or Jonathan White, 
Sago-gan-e-on-gwus, or Harvey Rowe, 
To-ga-ne-ah-doh, or David Crow, 
Soh-win-dah-neh, or George Wheeler, 
Do-goh-no-do-nis, or Simon Isaac, 
He-dai-sos, or Joseph Peter, 
Sa-go-di-get-ka, or Jacob Jackson, 

Witnesses : 

James Stryker, Sub-agent, Six Nations, New York Indians. 



his X mark [1. 


s." 


his X mark [I 


• '^•^ 


his X mark [i 


-s." 


his X mark [ 


. s. 


[1 
his X mark [1 




his X mark [1 


• s*] 


his X mark [1 


• s." 


[1 
his X mark [ 


. s.' 


his X mark [ 


• s.' 


his X mark [1 


• S'] 



[ 104 ] , 

Nathaniel T, Strong, United States Interpreter, New York 

agency. 
H. B. Potter, 
Orlando Allen, 
H. P. Wilcox, 
Charles H, Allen, 
Horatio Jones, 
Spencer H. Cone, 
W. W. Jones, 
J. F. Schermerhorn, 
Josiah Trowbridge, 



SCHEDULE A. 

CENSUS OF THE NEW YORK INDIANS AS TAKEN IN 1837. 

Number residing on the Seneca reservations. 

Senccas, ...... 2,309 

Onondagas - - - - • - 194 

Cayugas - - - - - - 13(i 



2,633 



Onondagas, at Onondaga . - . . 30u 

Tuscaroras .--.-. 273 

St. Regis, in New York .... 350 

Oneidas, at Green Bay .... 600 

Oneidas, in New York - - - 620 

Stockbridges - - - - - 217 

Munsees - - ■ • - - 132 

Brothertowns ..... 36O 
The above was made before the execution of the treaty. 

R. H. GILLETT, Commissioner. 



SCHEDULE B. 

The following is the dispositions agreed to be made of the sum ol' 
three thousand dollars, provided in this treaty for the Tuscaroras, 
by the chiefs, and assented to by the Commissioner, and is to form 
a part of the treaty 

To Jonathan Printu;), ninety-three dollars. 

To William Chow, one hundred and fifteen dollars. 

To John Patterson, forty-six dollars. 

To William Mount Pleasant, one hundred and seventy-one dollars. 

To James Cusick, one hundred and twenty-five dollars. 

To David Peter, fifty dollars. 

The rest and residue thereof, is to be paid to the nation. 

The above was agreed to before the execution of the treaty. 

R. H. GILLETT, Commissioner. 



[ 105 ] 

SCHEDULE C. 

Schedule applicable to the Onondagas and Cayugas, residing on 
the Seneca reservations. It is agreed that the following disposition 
shall be made of the amount set apart to be divided by the chiefs of 
those nations, in the preceding part of this treaty, anything therein 
to the contrary notwithstanding. 

To William King, one thousand five hundred dollars. 

To Joseph Isaacs, seven hundred dollars. 

To Jack Wheelbarrow, three hundred dollars. 

To Silversmith, one thousand dollars. 

To William Jacket, five hundred dollars. 

Button George, five hundred dollars. 

The above was agreed to before the treaty was finally executed. 
R. H. GILLETT, Commissioner. 



[ No. 5 ] 

At a treaty held under the authority of the United States of 
America, at Buffalo Creek, in the county of Erie, and State of New 
York, between the chiefs and headmen of the Seneca nation of In- 
dians, duly assembled in council, and representing and acting for 
the said nation, on the one part, and Thomas Ludlow Ogden of the 
city of New York, and Joseph Fellows, of Geneva, in the county of 
Ontario, on the other part, concerning the purchase of the right and 
claim of the said Indians in and to the lands within the State of 
New York, remaining in their occupation : Ransom H. Gillett, 
Esquire, a commissioner appointed by the President of the United 
States to attend and hold the said treaty, and also Josiah Trow- 
bridge, Esquire, the superintendent on behalf of the Commonwealth 
of Massachusetts, being severally present at the said treaty, the said 
chiefs and headmen, on behalf of the Seneca nation did agree to 
sell and release to the said Thomas Ludlow Ogden and Joseph Fel- 
lows, and they the said Thomas Ludlow Ogden and Joseph Fellows 
did agree to purchase all the right, title, and claim of the said 
Seneca nation, of, in, and to the several tracts, pieces, or parcels of 
land mentioned and described in the instrument of writing next 
hereinafter set forth, and at the price or sum therein specified, as 
the consideration or purchase money for such sale and release ; 
which instrument being read and explained to the said parties and 
virtually agreed to, was signed and sealed by the said contracting 
parties, and is in the words following : 

This indenture, made this fifteenth day of January, in the year 
of our Lord one thousand eight hundred and thirty-eight, between 



[ 106 1 

the chiefs and headman of the Seneca nation of Indians, duly as- 
sembled in council, and acting for and on behalf of the said Seneca 
nation, of the first part, and Thomas Ludlow Ogden of the city ol 
New York, and Joseph Fellows, of Geneva, in the county of Onta- 
rio, of the second part, witnesseth : That the said chiefs and head- 
men of the Seneca nation of Indians, in consideration of the sum of 
two hundred and two thousand dollars to them in hand paid, by the 
said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof 
is hereby acknowledged, have granted, bargained, sold, released 
and confirmed, and by these presents do grant, bargain, sell, release 
and confirm, unto the said Thomas Ludlow Ogden and Joseph Fel- 
lows, and to their heirs and assigns, all that certain tract or parcel 
of land, situate, lying, and being in the county of Erie, and State of 
New York, commonly called and known by the name of Buffalo 
Creek reservation, containing, by estimation, forty-nine thousand 
nine hundred and twenty acres, be the contents thereof more or less. 
Also, all that certain other tract or parcel of land, situate, lying, 
and being in the counties of Erie, Chatauque, and Cattaraugus, in 
said State, commonly called and known by the name of Cattaraugus 
reservation, containing, by estimation, twenty-one thousand six 
hundred and eighty acres, be the contents thereof more or less. 
Also, all that certain other tract or parcel of land, situate, lying, and 
being in the said county of Cattaraugus, in said State, commonly 
called and known by the name of the Alleghany reservation, con- 
taining, by estimation, thirty thousand four hundred and si.xty-nine 
acres, be the contents more or less. And, also, all that certain 
other tract or parcel of land, situate, lying, and being partly in said 
county of Erie, and partly in the county of Genesee, in said State, 
commonly called and known by the name of the Tonewanda reser- 
vation, and containing, by estimation, twelve thousand eight hun- 
dred acres, be the same more or less ; as the said several tracts of 
land have been heretofore reserved and are held and occupied by 
the said Seneca nation of Indians, or by individuals thereof, together 
with all and singular the rights, privileges, hereditaments, and ap- 
purtenances to each and every of the said tracts or parcels of land 
belonging or appertaining; and all the estate, right, title, interest, 
claim, and demand of the said party of the first part, and of the said 
Seneca nation of Indians, of, in, and to the same, and to each and 
every part and parcel thereof: to have and to hold, all and 
singular, the above described and released premises unto the said 
Thomas Ludlow Ogden and Joseph Fellows, their heirs and assigns, 
to their proper use and behoof for ever, as joint tenants, and not as 
tenants in common. 

In witness whereof, the parties to these presents hereunto, and to 
three other instruments of the same tenor and date, one to remain 
with the United States one to remain with the State of Massachu- 
setts, one to remain with the Seneca nation of Indians, and one to 



[ 107 ] 

remain with the said Thomas Ludlow Ogden and Joseph Fellows, 
interchangeably set their liands and seals the day and year first 
above written. 



Little Johnson, his x mark [ 

Daniel Two Guns, [ 

Captain Pollard, his x mark [ 

James Stevenson, his x mark [ 

Captain Strong, his x mark [ 

Captain Snow, his x mark [ 

Blue Eyes, his x mark [ 

Levi Halftown, his x mark 

Billy Shanks, his x mark 

White Seneca, his x mark 

George Bennet, his x mark 

John Pierce, his x mark 

John Gordon, his x mark 

Jim Jonas, his x mark 

William Johnson, his x mark 

Reuben Pierce, his x mark 

Morris Halftown, his x mark 

Jacob Jimeson, his x mark 
Samuel Gordon, 
Thompson S. Harris, 

George Jemison,, his x mark 
Nathaniel T. Strong, 

Tall Peter, his x mark 

Tommy Jimmy, his x mark 

John Tall Chief, his x mark 
George Fox, 
Jabez Stevenson, 

William Jones, his x mark 

George White, his x mark 

By his agent, White Seneca. 

John Snow, his x mark 
Walter Thompson, his x mark [ 
By his agent, Daniel Two Guns 

Long John, his x mark [ 

John Bark, his x mark j 

George Lindsay, his x mark j 

Jacob Bennet, his x mark | 

John Bennet, his x mark | 

Seneca White, his x mark j 

Maris B. Pierce, I 

David White, I 

James Shongo, his x mark | 

William Cass, his x mark 

Samuel Wilson, his x mark 

John Seneca, his x mark I 



s.] 
s.] 
s.l 
s.] 
s.] 
s.] 
s.] 
s.] 
s.] 
s.] 
, s.] 
, s.] 
. s.] 
. s.] 
. s.] 
,s.] 
, s.] 
. s.] 
. s.] 
. s.] 
. s.] 
. s.] 
. s.] 
.s.] 
.s.] 
.s.] 
.s.] 
. s.] 
s.] 

s.] 
s.] 

s.] 
s.] 
s.] 

S.1 

s.] 
s.] 

s.] 
s.] 
s.] 
s.] 
s.] 
,s.] 



[ 108 ] 

Signed, sealed, and delivered, in presence of-^ ■ ■"' 

James Stryker, 
Nathaniel T, StronjT, } r ^ 
Si.cncer H. Cone, \ Interpreters. 

H. B. Potter, 
Charles H. Allen. 
At the beforemcntioned treaty, held in my presence, as superin*^ 
tendent on the part of the Commonwealth of Massachusetts, and this 
day concluded, the foregoing instrument of writing was agreed to by 
the contracting parties therein named, and was, in my presence, exe- 
cuted by them, and being approved by me, I do hereby certify and 
declare such my approbation thereof. 

Witness my hand and seal, at Buffalo Creek, this 15th day of 
January, in the year 1838. 

JOSIAH TROWBRIDGE, [l. s.] 
I have attended a treaty of the Seneca nation of Indians, held at 
Buffalo Creek, in the county of Erie, in the State of New Vork, on 
the fifteenth day of January, in the year of our Lord one thousand 
eight hundred and thirly-eight, when the within instrument was duly 
executed, in my presence, by the chiefs of the Seneca nation, being 
fairly and properly understood by them. I do therefore certify and 
approve the same. R. H. GILLETT, Commissioner. 



At a treaty held under and by the authority of the United States 
of America, at Buffalo Creek, in the county of Erie, and State of 
New York, between the sachems, chiefs, and warriors of the Tus- 
carora nation of Indians, didy assembled in council, and represent- 
ing and acting for the said nation, on the one part, and Thomas 
Ludlow Ogden, of the city of New York, and Joseph Fellows, of 
Geneva, in the county of Ontario, on the other part, concerning the 
purchase of the right and claim of the said nation of Indians, in and 
to the lands within the State of New York, remaining in their occu- 
pation : Ransom H. Gillett, Esq., a commissioner appointed by the 
President of the United States to attend and hold the said treaty, 
and also Josiah Trowbridge, Esq., the superintendent on behalf of 
the Commonwealth of Massachusetts, being severally present at the 
said treaty, the said sachems, chiefs, and warriors, on behalf of the 
said Tuscarora nation, did agree to sell and release to the said 
Thomas Ludlow Ogden and Joseph Fellows, and they, the said 
Thomas Ludlow Ogden and Joseph Fellows, did agree to purchase 
all the right, title, and claim of the said Tuscarora nation, of, in, 
and to the tract, piece, or parcel of land mentioned and described in 
the instrument of writing next hereinafter set forth, and at the price 
or sum therein specified, as the consideration or purchase money for 
such sale and release ; which instrument being read and explained 
to the said parties, and mutuaily agreed to, was signed and sealed 
by the said contracting parties, and is in the words following; 



[ loy J 

This indenture, made this fifteenth day of January, in the year 
af our Lord one thousand eight hundred and thirty eight, between 
the sachems, chiefs, and warriors, of the Tuscarora nation of Indians, 
duly assembled in council, and acting for and on behalf of the said 
Tuscarora nation, of the fust part, and Thomas Ludlow Ogdcn, of 
the city of New York, and Joseph Fellows, of Geneva, in the county 
of Ontario, of the second part, wilnesseth : That the said sachems, 
chiefs, and w^irriors of the Tuscarora nation, in consideration of 
the sum of nine thousand six hundred dollars to them in hand paid 
by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt 
whereof is hereby acknowledged, have granted, bargained, sold, 
released, and confirmed, and by these presents do grant, bargain, 
sell, release, and confirm to the said Thomas Ludlow Ogden and 
Joseph Fellows, and to their heirs and assigns, all that tract or par- 
cel of land, situated and lying, and being in the county of Niagara, 
and State of New York, commonly called and known by the name 
of the Tuscarora reservation or Seneca grant, containing nineteen 
hundred and twenty acres, be the same more or less, being the lands 
in their occupancy, and not included in the lands conveyed to them 
by Henry Dearborn, together with all and singular the rights, 
privileges, hereditaments, and appurtenances, to the said tract or 
])arcel of land belonging or appertaining, and all the estate, right, 
title, interest, claim, and demand of the said party of the first part, 
and of the said Tuscarora nation of Indians, of, in, and to the 
same, and to every part and parcel thereof. To have and to hold 
all and singular the above described and released premises unto the 
said Thomas Ludlow Ogden and Joseph Fellows, and their heirs 
and assigns, to their proper use and behoof for ever, as joint tenants, 
and not as tenants in common. 

In witness whereof, the parties to these presents have hereunto, 
and to three other instruments of the same tenor and date, one to 
remain with the United States, one to remain with the State of Mas- 
sachusetts, and one to remain with the Tuscarora nation of Indians, 
and one to remain with the said Thomas Ludlow Ogden and Joseph 
Fellows, interchangeably set their hands and seals the day and year 
first above written. 



Nicholas Cusick, 




LI- 


S.J 


William Chew, 




[1- 


s.] 


William Mount Pleasant, 


[1- 


s.] 


John Fox, 


his X mark 


[1- 


s.] 


James Cusick, 




[1- 


s.| 


John Patterson, 


his X mark 


0- 


s.] 


Samuel Jacobs, 




[I- 


S.J 


James Anthony, 


his X mark 


[1. 


s.] 


Peter Elm, 


his X mark 


[1- 


s.] 


Daniel Peter, 


his X mark 


[1- 


s.] 



10 



[ no ] 

Sealed and delivered in presence of — 
James Stryker, 
R. H. Gillctt, 
Charles 11. Allen, 
J. F. Schermcrhorn, 
Nathaniel T. Strong, U. S. Interpreter. 
H. B. Potter, 
Orlando Allen. 
At the above mentioned treaty, held in my presence, as superin- 
tendent on the part of the Commonwealth of Massachusetts, and 
this day concluded, the foregoing instrument was agreed to by the 
contracting parties therein named, and was, in my presence, exe- 
cuted by them ; and being approved by me, I do hereby certify and 
declare such my approbation thereof. 

Witness my hand and seal, at Buffalo Creek, this 15th day of 
January, in the year 1838. 

• J. TROWBRIDGE, [l. s.] 

Superintendent, 

I Iiave attended a treaty of the Tuscarora nation of Indians, held 
at Buffalo Creek, in the country of Erie, in the state of New York, 
on the fifteenth day of January, in the year of our Lord one thou- 
sand eight hundred and thirty-eight, when the within instrument 
was duly excutcd, in my presence, by the sachems, chiefs, and 
warriors of the said nation ; being fairly and properly understood 
and transacted by all the parties of Indians concerned, and declared 
to be done to tlieir full satisfaction ; I do therefore certify and ap- 
prove the same. 

R. H. GILLETT, Commissioner. 



[ No. 6. ] 
GILLETT'S LETTER. 

Buffalo, December 25, 1838. 

Dear Sir — I have read with care and attention, the letter of 
Governor Everett to you, under date of the 30th ultimo. When 
you first placed it in my hands, as you were authorized by the 
terms of the letter itself, 1 had it in mind to give my views at length 
upon so much of it as relates to the manner in which I had been 
directed to j)erform a certain portion of my public duty in receiving 
the assent of the Scnecas to their amended treaty. But inasmuch 
as a copy of that letter was to be transmitted to the President of the 
United States, it has occurred to me that I ought not to attempt to 



[ 111 ] 

give the reasons for the action of my superiors, who, if it is neces- 
sary, can perform that duty so much [better] than I can. An insuf- 
ficient assignment of reasons might operate to prejudice the position 
which they have assumed. The Governor expresses his belief that 
the signatures of the chiefs ought to be given in council, and doubts 
whether those given in the mode specified in my instructions be 
constitutional. To this I will only say, that a [part] of the signa- 
tures to the original treaty were given, not in council, but at my 
lodgings, and that this fact was distinctly stated in a communica- 
tion from me to the Indian Bureau, which was in print before that 
body when the treaty was I'atified. If that had been then consi- 
dered unconstitutional, of course the Senate would not have ratified 
the treaty at all. I know some prominent Senators expressed the 
opinion that it was of no consequence where the names were given. 
While the treaty was before the Senate, I was often infopa^C^y" 
persons familiar with Indian business, that signature^nad pften.., 
[been] received in that manner. After the Senate had/adopted \}ie 
amendments to the treaty, I was advised that, in a case;sub!S.taRtialJy., 
analogous to the present, signatures had been received ^.s proposed O 
in my present instructions. A reference to the gramiBaticfil,'e9n- 
struction of the Senate's resolution, most clearly warrants the'issu- ff 
ing of the instructions which I have received. The omission to 
couple the sentence so as to require the signatures to be taken in •--:,. 
council, as well as the submission to be made them, negatives the 
idea that it is expected, or required, that the chiefs would sign in 
council. This view of the case is strengthened by the fact, that it 
was in print before the Senate, that many who were in favor of 
emigration had been restrained by fears and threats from signifying 
in council. This position is further fortified by the fact, that although 
the terms of the resolution required the treaty and amendments to 
be submitted in council, still it required the assent of the tribes or 
bands. If the relative pronoun " they," before the words " have 
given," relates to the word council, then the assent was sufficiently 
signed last autumn, and what has now been done is a work of su- 
pererogation ; but if it does not refer to the word council, it must 
relate to the words " tribes or bands," and, consequently, their 
signatures are intended, and may be obtained without reference to 
any council. 

The unconditional ratification, by the Governor and Council of 
Massachusetts, of the contract of sale of both the Senecas and Tus- 
caroras, when a considerable number of both signed out of the 
council, are precedents in point to prove that such signatures are 
not considered unconstitutional or unlawful. I will only add, that 
in the negotiation now in progress between the Government and the 
Senecas, the latter are strictly beneficiaries, receiving important 
advantages from the former, without any strictly legal considera- 
tion. Hence, unless required by the obvious meaning of the Se. 




[ 112 ] 

nute's resolution, there can be no sufficient reason for that rigid 
construction which was applicable to the contracts of sale ratified by 
Massachusetts, or which would be proper, even [were] the Govern- 
ment receiving, instead of conferring advantages. In conclusion, I 
beg leave to say, that I have not consulted the Commissioner of 
Indian Aflliirs concerning this matter, and have no authority from 
him to say any thing on the subject, and, subsequently, [conse- 
(juently,] he is in no way responsible for what I have written, which 
I have done at your suggestion, though you made no suggestion as 
to what I should write. It follows that this is [a] private letter, but 
you are at liberty to communicate it to Governor Everett, to whom 
I must express my thanks for sending a representative here, who 
has at all times been so cheerful to impart, in relation to the nego- 
ciation, that advice which his years and accumulated information 
rendered him so competent to give. 

With sentiments of high esteem, I am most truly yours, 

R. H. GILLETT. 

Gen. H. A. S. Dearborn. 



[ No. 7. ] 

TWO LETTERS FROM CHIEFS. 

Buffalo Reservation, March 2, 1838. 
Sir — Your letter to Maris B. Pierce was received in due season, 
and he having meanwhile changed his views, and signed the 
treaty, (as he says, in consequence of regarding the case of his 
people as hopeless, by reason of the bribery and intimidation prac- 
tised upon the chiefs, and because the only hope of being of any 
service to his nation seemed to lie in securing some new advantage 
in the treaty, which he had an opportunity to do by signing,) he 
made known your views to one of our number, still strong in oppo- 
sition to the treaty. This man, conceiving that the only prospect 
of success was in following your suggestions, called a council of 
such chiefs as could be in a little time assembled, and who are re- 
garded by all our party as having power to act in their behalf, and 
laid the matter before us ; whereupon we resolved to forward you 
the enclosed statement of our affairs, with the earnest request that 
you would befriend us to the utmost of your ability, and, if possible, 
secure to us the possession of our rights. You will lay us under 
great obligations, and our people, also, by making such a use of these 
(acts, either in the Senate or before the Committee on Indian 
Affairs, or with individuals in private, as in your judgment will 
best promote our interests. Many affidavits, substantiating these 



[ 113 j 

statements, have already been forwarded to Mr. Clay, and others, 
with whom, should you find it necessary, we shall be happy to 
have you consult, in devising measures for our benefit. Many 
other facts may also be learned from our delegation, Messrs. Robin- 
son, Blacksmith, Kennedy, and Jimeson, whom we shall desire to 
confer with you in respect to all their movements, and whom wc 
now wish the privilege of commending to your kindness. They 
will stand in great need of-advice and aid, for they have a weighty 
responsibility resting upon them, and they are unacquainted with 
the arts of political intrigue. Your kindness to them may save a 
distressed and down-trodden people from destruction. They will 
give you particular information why no more delegates have been 
sent from our party, and why these have been so long delayed. 

May Almighty God aid you in every effort to rescue us from 
injustice and oppression ; and may his rich blessing reward abun- 
dantly all your labors in the cause of human rights. 
With very great respect, your obedient servants, 

BIG KETTLE, x 

WILLIAM KRONSE, x 
JOHN KENNEDY, x 
Hon, Samuel Prentis, M. C. 

Washington, D. C. 



Buffalo Creek Reservation, February 28, 1838. 

Sir — ^The undersigned, chiefs of the Seneca nation of Indians, 
assembled on the Buffalo Creek reservation, desire to address you a 
k\v words in writing relative to our national business. We take 

o 

the liberty, sir, of forwarding our communication to yourself, m 
consequence of having become acquainted with your name as a 
Senator in Congi'ess, favorable to the cause of justice and humanity. 
We beg leave, therefore, to make you a full statement of our 
grievances, and to solicit your aid in obtaining the redress for which 
we seek. 

We will now explain the origin and progress of our troubles. 
Three or four years since, in compliance with the solicitations of 
certain white persons, a delegation was sent by a ?ew of our people 
to explore the country designated for the emigrant Indians beyond 
the Mississippi river. After their return, they reported the character 
of the country to a general council of our chiefs, and we decided, 
almost unanimously, not to accept the offers made us there. Never- 
theless, about a year and a half since, the Reverend J. F. Scher- 
merhorn came among us, stating that he was sent by the United 
States Government to renew their proposals to the Six Nations on 
the subject of emigration; and we again informed him, in open 

10* 



[ 114 ] 

council, that we were fixed in our determination to have nothing to 
do with that subject. 

But, notwithstanding these assurances, he returned again last 
summer, and told us he was appointed commissioner from Govern- 
ment to transact business with the Senecas, and he had now come 
to take another delegation beyond the Mississippi. This statement 
he did not make in council, but privately, to individuals. As an 
instance of his proceeding, he sent JVIr. Allen from Buffalo, with 
James Young, a Cayuga Indian, as interpreter, to induce Captain 
Cold, an Onondaga chief residing with us, to call on him at his pri- 
vate room in Butialo. VVhen tnere, he informed him that Govern- 
ment had changed their course, and had instructed him to select 
his delegation on his own responsibility, instead of allowing the 
Indians to choose them as heretofore: that, thei'efore, he had select- 
ed him for one, and had appointed James Young to be his inter- 
preter. He then offered him fifty dollars for the use of his family 
during his absence, and fifty dollars pocket money, besides agreeing 
to clothe him in the style in which gentlemen dress among the 
whites, and to defray all the expenses of the journey; expressly 
charging him not to disclose any of these offers, or any of the con- 
versation which passed between them. " Let it remain," said he, 
" with you two only, and let others find it out after we are gone. 
It will be time enough for them to know it then. Now, therefore, 
promise me that you will go with me." He moreover informed him 
that he designed to take one delegate from each of the Six Nations, 
except the Senecas, from which he would take two : but that he 
would choose them all himself, in the same manner as he had 
chosen him, without consulting the feelings of the people. 

Captain Cold replied, '' I cannot yet give my answer. I am a 
man of weight. I cannot move myself. I must leave it for the 
chiefs to move me as they please. I shall lay the matter before 
them." 

Accordingly, on his return from the city, he related the whole 
conversation to the Seneca chiefs. We were alarmed, and sought 
to know if he had done the same with any of our chiefs j but none 
would make any disclosures. We then resolved to write Mr, 
vSchermerhorn, and inform him that this is not our mode of doing 
business. We must ourselves select those who transact our busi- 
ness : and it would be utterly improper for him to make a private 
selection. Wo also told him that he was transgressing the law"of 
nations : for nations unifjrmly transact business between each 
other publicly- Thus the United States have always done with us 
in times past. They have come in broad daylight, and have de- 
clared their business in open council. This new procedure seems 
to us strange and unaccountable. 

Having finished our letter, we committed it to the care of our 
agent. Judge Stryker, to be delivered as soon as possible to Mr. 



[ 115 ] 

Schermerhorn. But the first we knew, we found his picked men 
on board a steamboat just ready to start for the west, and some of 
them were of the number of our chiefs. 

This much we have thought proper to s'ate of the commence- 
ment of our difliculties by means of Mr. Schermerhorn. We have 
cause to believe he pursued a similar course with each of the Six 
Nations. We wish to know, therefore, whether it proceeds from 
our father, the President, that this course, so directly in the face of 
our recent decision to reject the western country, should be taken 
with us. 

We will take the liberty of stating our own conjectures as to the 
cause of it. We have three young men, one of whom has told us 
that he had had intercourse with the pre-emption company, before they 
went to the Secretary of War. Directly afterward they went to 
Mr. Schermerhorn in private. They were perfectly unauthorized 
by our chiefs. They went to him of their own accord. We will 
give their names. They are George Jimeson, Thompson S. Harris, 
and Nathaniel T. Strong. This they have done in violation of our 
established rules, that all communication with another nation shall 
be done in public by the consent of the whole. We believe them 
guilty of a great wrong in doing so. Still we are ignorant whether 
or not our great father, the President, has given them their instruc- 
tions how they might proceed to bribe and draw over our chiefs. 
This, at least, there is no doubt of, that they have held intercourse 
with the pre-emption company ; for as soon as the picked delega- 
tion had departed, efforts to bribe our chiefs were commenced in 
connexion with the company's agents. We will name the most 
active in such exertions. Of the white men, there were General 
Potter, Orlando Allen, our Indian agent Judge Stryker, and Dr. 
Wilcox ; of our own people,' there were George Jimeson, Samuel 
Gordon, and George Bennett. This was the course pursued. To 
some they offered to give three hundred dollars for their influence 
in favor of emigration : to others various sums, in some cases as 
high as five thousand ; while to others, deeds of individual reserva- 
tions of land were pledged after the people were removed. These 
operations were carried forward during all the while the exploring 
party were absent. 

Furthermore, from the fact that Dr. Wilcox, Judge Stryker, and 
Mr. Allen, have been frequently passing to and from Washington, 
it seems evident that they have been holding consultations with the 
President, as well as with the company, for the accomplishment of 
their designs. Nevertheless, we have not sent them, and our 
chiefs are kept in utter ignorance of their business when they go 
there. We feel that it is not our fault that they expend so much 
money. Onlv we fear, and believe, that it is the object of that party 
to get the exclusive benefit of our money by such proceedings. 

Mr. Schermerhorn told us that he had received an appointment 



[ 116 ] 

from Government to treat with us ; but we find that there is also 
now a new commissioner, Mr. Gillett. We will therefore, now give 
an account of the transactions at the recent council. 

It was appointed to commence on the 16th of December ; but 
having been delayed, for various reasons, till the 21st, the new 
commissioner opened a general council of the Six nations at our 
council-house, with a speech, in which he told us he had been sent 
to transact business on the part of the Government, and that what- 
ever he did should be done openly and without concealment, for he 
had not two tongues ; that the current should always run the same 
way ; that whatever he should perform should be done in the sight 
of all, as he had been instructed by our father the President ; but 
he would explain, he said, how very kind were the ofiers which our 
father, the President, was. about to make us. He then laid before 
us all the advantages of the western country, described the benefits 
we should derive from emigration, how long the President would 
assist us there, &c. We think we fiilly understood his proposi- 
tions, but we beg leave to refer you to the treaty itself for the par- 
ticulars. 

Some of our chiefs have signed this treaty, but we do not allow 
their act, and shall pay no regard to it. We wish to state now the 
manner in which it was effected. Great efforts were made to obtain 
signatures by bribery and intimidation. Many were induced to 
sign for their own private benefit; others, by the representation 
that it was a hopeless case, and they might as well yield first as 
last. On account of these things, we have regarded this council as 
not properly and legally conducted, and have thought that the 
Government ought not to sanction its proceedings. 

After the commissioner had delivered his message, we wished, 
according to our custom, to assemble and discuss it among our- 
selves alone ; but he insisted on being present, and for a long time 
refused our request, and when, after many days, he consented, we 
were unable to agree in any thing. 

The commissioner, together with Mr. Schermerhorn, Judge Sfry- 
ker, (our agent,) General Potter, Mr. vYUen, and others, the agents 
of the company, put up at a tavern about three-quarters of a mile 
from the council-house : liquor was sold at this tavern; and there 
all the chiefs who were in favor of emigration held their private 
councils. There, also, during the progress of the council, we our- 
selves saw some of their party, both chiefs and warriors, drunk. 
From that house, after having contrived their plans, have issued 
forth, continually, those whose business it was to bribe our chiefs 
and people. Their favorite time for doing this was in the night — 
espe cially if they wished to entice a chief of some influence and 
respectability. At the houses of such they would ofi;en call at the 
midnight hour, and endeavour to draw them to that tavern ; and 
that, too, notwithstanding Big Kettle constantly remonstrated in the 



[ iiv ] 

council against such proceedings, and told the commissioner it was 
wrong for him to put up at such a place, where strong drink was al- 
lowed to be sold ; that it was wrong, also, to allow ofcfibrts to tempt 
and bribe the chiefs; that if such things were permitted, every one 
must regard his proceedings as unfair, unjust, and dishonorable ; 
and that he would unavoidably brin^ reproach upon his commis- 
sion, should he continue to allow of such things. 

Mr. Gillett replied that he does not give them the liquor himself,- 
and that, moreover, in all the treaties which he has ever read of, 
such things were universally practised in the presence of the com- 
missioner. He said, also, he had read that, in all the ancient trea- 
ties, certain of the chiefs received pensions as a private compen- 
sation. 

Big Kettle frequeatly objected, furthermore, in council, that he 
ought not to call in individual chiefs, and hold private consultations 
with them at his lodgings ; but he maintained it was proper for 
them to come, in order that they might ask explanations and fully 
understand his intentions, which, Big Kettle thought ought to be 
done before the council; but he, notwithstanding, gave a general 
invitation, and urged every one to call on him. 

We will mention, also, some of his remarks at other times. 
Onee, during the council, one of us inquired : " What will our 
father, the President, do to us if we refuse to make this treaty V 
His answer was : " He will punish you, as a father punishes his 
disobedient child, unless you do as he desires : he will turn your 
face where he wishes to have you go, before he stops punishing 
you." Then went on to threaten us that the laws of the State 
should be extended over us in punishment, and that the privileges 
which we now enjoy should be taken away from us ; that we 
should lose our annuities, and lose our agent ; and that these things 
should be given to the party which might consent to emigrate. 

Some of the less firm in mind among our chiefs and people be- 
lieved and were intimidated by these threats. 

He said, also, that Congress were seeking to prevent any one 
from assisting us ; and that if any white person should give us 
advice, or in any way help us to retain our land in opposition to 
the will of the Government, he should be punished with a fine of 
from one to two thousand dollars. Thus, it seemed, that we had 
no help left for us. Some of our chiefs were intimidated by this, 
also, and thought we might as well submit; for he told us that 
Congress had passed a law to this effect, and all the good people 
were agreed to it. 

Many other things befell us which it would be tedious to men- 
tion. But we will notice this. During the progress of the nego- 
tiations, some of the friends of the treaty told us they had tried all 
in their power to induce the commissioner to make the treaty on 
the ground that an equitable division of our property might be 



[ 118 ] 

made between the two parties, and those who wish, be allowed to 
sell their part and go, and the rest be permitted to retain their pos- 
sessions, and remain ; but that he would, by no meaus, consent to 
such a compromise ; that he said he had no liberty to do so, and that, 
if they were determined to insist on this, he would break up the 
council. 

They said they afterward inquired of him if he would consent to 
the compromise, in case we would give up half our lands, which, 
as the emigration party are very small, would be very much more 
than their proportion. But they were told that even that could, by 
no means, be permitted. These things were not said in open coun- 
cil, but at the tavern where he put up. 

Now, for ourselves, we think that such an arrangement would 
have borne very hard upon our party, although we think a reason- 
able compromise would have been fair and honorable for all par- 
ties, and we cannot tell through whose fault it could not be effect- 
ed ; whether it was against the will of the Government, or only 
against the wishes of the pre-emption company; or whether, after 
all, it was only contrary to the feelings of those chiefs who, by 
signing, were to receive their farms, or full pay for their improve- 
ments, or, as in some cases, a specified sum of money ; inasmuch 
as those contracts, at least several of which we have seen, were on 
condition that a sale of all the land should be effected, and the 
treaty ratified by Congress, and so, of course, they would not re- 
ceive their pay, unless the land should be all sold. 

We have been thus particular, in order that the proceedings of 
the council might be fully understood by Congress, and also by 
our father, the President, who ought to be fully acquainted with 
the doings of those whom he sends to transact his business. 

At length, Mr. Gillett proposed, in council, to lay the treaty on 
the table before us, and give an opportunity to all who wished to 
come forward and affix to it their signatures. We replied in open 
council, " We will not sell our lands ; we are fully resolved on 
remaining where we are." We said, however, in relation to those 
who really wished to go, that we would interpose no objection. 
We would, moreover, allow them to take their share of the public 
property, and dispose of it as they please. We said, also, to the 
chief's of the emigration party, that we were perfectly willing an 
equitable division should be made ; that we thought this the only 
right cour.'^e; for this would secure equal justice to all, and give 
mutual satisfaction. 

After the council had been a month or more in session, the 
treaty was brought in and read to us, having been prepared by 
some one in private, and without our knowledge of its provisions. 
It was then laid upon the table for signatures. 

Then it was learned that, notwithstanding our remonstrances, a 
full and final sale of all our lands on the Alleghany, Cattaraugus, 



[ no ] 

Buffalo, and Tonewonda reservations, was expressed in the treaty. 
AVe were surprised when we learned this ; for, on two of these re- 
servations, scarce a person is to be found who is in favor of emi- 
gration, and on all of them, the great mass arc opposed to it. We 
replied, in council, that we were extremely dissatisfied, and deter- 
mined not to sell all our land. We rebuked those chiefs who were 
willing, for thus attempting to sell the properly of the nation, against 
the will of the other chiefs, and exhorted them, repeatedly, not to 
sign the treaty. Notwithstanding all, some of our brethren did 
come forward and affix their names. Sixteen of those who called 
themselves chiefs, did this in our sight, in open council. 

When the commissioner told us that the treaty would be laid on 
the table from day to day for signatures, we also told him that we 
would have a remonstrance against it laid upon the table by its side, 
and give an opportunity for opposing signatures at the same time. 
He replied, we might do as we pleased, but he should pay no re- 
gard at all to it. Sixty-three then came forward and signed the re- 
monstrance against the sale and treaty, who also regard themselves 
as chiefs. These all signed on the first day the treaty lay upon 
the table. 

Then commenced a series of most vigorous exertions to obtain 
signatures, on the part of the white men and the Indians, who were 
in their interest. Some of their party (Mr. Allen, of Buffalo, and 
"White Seneca) even went ten miles to find a man who was sick in 
the woods, and obtained a written permission of him to have his 
name affixed to the treaty. This they did privately, for the man 
had not attended council, nor ever heard the treaty. We have been 
told, and can furnish evidence of the fact, that they paid him five 
dollars for his name. They did not hesitate to start in the night 
and travel thirty miles to find the chief. They ran to and fro con- 
tinually, and exerted all the influence in their power, by whatever, 
means. 

All the additional names, after the sixteen above mentioned, 
were put on in private. We saw none of them put on, although 
the treaty lay upon the table, in the day time, from day to day. 

One man, who had signed at the private room in the tavern, rose 
up in council, and told the commissioner he wished to take oft' his 
name from the treaty, for he had been over-persuaded to sign, and 
had been deceived in the contract for a bribe ; and he brought the 
twenty-five dollars earnest money which he had received, and laid 
it upon the lap of General Potter, agent of the pre-emption company, 
and told him to do what he pleased with it, for he had imposed 
upon him in their private interview, &c. 

This was done in the presence of the whole council. 
As to their private operations of course we know but little, ex- 
cept as we have heard reports from one and another. We know not 
what or how many names they have obtained in private. We ac- 



[ 120 ] 

knowledge nothing that was not done in public, as in any respect 
the doings of the nation. We are not ashamed of the things which 
we do, or of those wliich we have told you. We are not ashamed 
to have them laid before the public, the Senate, or the delegation 
sent by the opposing party to Washington. They are things which 
are true, and capable of proof. 

One thing more. There was a commissioner said to have been 
appointed on the part of the State of Massachusetts, Dr. Trowbridge, 
whose name it is said, appears on the treaty as a witness ; but we 
none of us saw him sign his name, and it was not done in council. 
Neither did we know any of the witnesses to sign the treaty, nor 
have we any reason to believe that any witness did sign it in 
the council. We mention this, because heretofore all such signa- 
tures have been affixed in open council, and we consider it necessa- 
ry to the validity of a treaty that they should be. The council- 
house, and not a tavern, is the place for making treaties. 

Thus have we stated the various means adopted to obtain from 
us a treaty. We have been told that it was the President's will and 
that of Congress that we should go ; that the unwilling would be 
driven off; that if we do not go, our father will punish us for our 
disobedience; that the Governor of this State is of the same mind, 
and they have.read to us his message to prove it ; that he will ex- 
tend over us the laws of the State if we refuse ; that our annuities 
and our agent should be taken away ; and especially, that all our 
opposition will prove in vain ; that they would not break up the 
council till they had finished a treaty; that if only a few, perhaps 
fifteen, (which is only about one-sixth of those who are regarded 
chiefs) should sign, it will ensure its ratification ; and, therefore, it 
is a hopeless case, and we may as well yield first as last. And 
what fears, and what bribes were used in private, it is impossible for 
us to tell. We know that much of that sort was done ia private 
from the disclosures of some of our brethren. 

We will only add it was the real, true expression of our hearts, 
when we said in council that we would not accept the propositions 
made us. This is the only way we can find to promote our welfare, 
and iu pursuing this policy we shall be always able to cherish right 
feelings towards our white brethren. We still feel willing those 
should go who wish. But let those who wish, remain also. We 
neither desire or expect any other course to be pursued. At first 
sight, it is obvious to every one that no man should be deprived of 
his rights by force. The members of the United States Congress 
are appointed for the special purpose of securing justice to all un- 
der their care. In the sight of God who looks upon us, it cannot 
he wrong for us to lay claim to our own rights, and we implore 
the protection of the Senate in so doing. We have already yielded 
much to the whites. We were the original possessors of this con- 
tinent, but now we have only as it were little plats of ground ; and 
these little pieces we do not like to dispose of. It is the duty and 



[ 121 ] 

privilege of mankind to judge for themselves what course is most 
for their benefit. If any wish to emigrate, let them exercise 
their own judgment and act accordingly. If any wish to 
remain, let them also do the same. If, then, the Senate cannot sa- 
tisfy themselves, what will be an equitable arrangement between 
our two parties, it will be best to send another commissioner to as- 
certain precisely who are for emigration, and who opposed to it. 
But should such a delegate be sent, let him be a just man, who will 
show no partiality, and not like those commissioners and agents 
who have heretofore been wholly on one side. But if the question 
can be decided now, without the trouble of sending again, in a man- 
ner that shall secure the approbation of all parties, we will sanction 
the decision with entire satisfaction. 



Big Kettle 


X 


George Kenjockety 


X 


James Robinson 


X 


John Bark 


X 


Blacksmith 


X 


John Gordon 


X 


Henry Two Guns 


X 


James Shongo 


X 


John Snow 


X 


Mark Charles 


X 


John Kennedy 


X 


Oliver Silverheels 


X 



Present at the writing, but absent from the signing, and marked 
by Oliver Silverheels, by their direction. 

Israel Jimeson x John Dennis x 

John Snow x George Deer x 

Hon. Samuel Prentiss, 

Senator in Congress, Washington. 



[ No. 8. ] 
MEMORIAL TO THE PRESIDENT. 

To his Excellency Martin Van Buren, President of the United 

States : 
The petition of the undersigned Indians of the Seneca nation, 
Humbly showeth : 

Father : That your petitioners are a delegation from the Seneca 
Indians, residing at the Buffalo, Tonewonda, Cattaraugus, and Al- 
leghany reservations, duly appointed by letters of attorney, (which 
are herewith submitted,) to represent to you, our great father, the 
unwillingness of our nation to part with the small portion of lands 
which yet remain in our possession in the State of New York. 

Mr. Gillett, the commissioner of the United States, came to Buf- 
falo last summer, and called a council ; at which he laid before the 
nation the amendments proposed by the Senate of the United States 
to an instrument called a treaty, which had been signed by some 
of our chiefs a year ago, but to which the nation then was, and 
still continues to be, very much opposed. 

Father : The chiefs assembled in council deliberated upon the 
proposals made by the commissioner, and determined not to adopt 

II 



[ 122 ] 

them. After remaining several weeks in council, his threats and 
persuasion induced sixteen chiefs only to sign the instrument. 

The chiefs who were opposed to the terms of the said instru- 
ment, prepared a remonstrance against it, and requested the com- 
missioner to witness the signing of it, which he refused to do. It 
was signed, however, by upwards of sixty of our chiefs, and Gene- 
ral Deaiborn, the superintendent, who attended the council in be- 
half of the State of Massachusetts, also signed it as a witness. 

Father : After the commissioner found that he could get no 
more signatures, he covered up the council tire, saying he should 
open it again before long, for the purpose of getting more signa- 
tures ; but he has never since uncovered the council fire, though he 
has spent much time in Buffalo. 

One of the amendments made by the Senate to the former in- 
strument, declares " that this treaty shall have no force or effect 
whatever, as it relates to any of the said tribes, nations, or bands 
of New York Indians, nor shall it be understood that the Senate 
have assented to any of the contracts connected with it, until the 
same, with the amendments herein proposed, is submitted and fully 
and fairly explained by a commissioner of the Unted States, to 
each of the said tribes or bands, separately assembled in council, 
and they have given their free and voluntary assent thereto." 

Father : That our people " have not given their free and volun- 
tary assent thereto," we think is apparent from the fact, that of all 
the chiefs in our nation the commissioner could obtain the signa- 
tures of only sixteen in council ; and whatever names he has since 
procured have been by unfair means, and not being done " in coun- 
cil," and, therefore, contrary to the above resolve of the Senate, as 
well as the long-settled custom of our nation, must be of no effect ; 
especially in the face of the fact, that it was again and again de- 
clared to the commissioner, in council, that the nation would not 
consent to the treaty, or the amendments, but wished to remain 
where they are ; and the commissioner held the council from day 
10 day for weeks together, in order to induce our chiefs to alter 
their minds, but could not prevail with them to do so. 

Father : The remonstrance of our nation, and the affidavits in 
support of the statements it contains, have been stolen from us 
since we left our homes to come to Washington, which places us 
before your Excellency in an awkward and painful situation. The 
accompanying affidavits will explain to you the manner in which 
we lost our papers ; and as General Dearborn took a copy of our 
remonstrance, we beg your Excellency to delay your decision upon 
the treaty until we can have time to to procure a certified copy of 
it from him, and, also, to replace such of the other papers as can be 
supplied, and until we can have the opportunity of being heard re- 
specting the improper and unfair manner in which the council was 
conducted, and the signatures to the treaty obtained. 



[ 123 ] 

Father: We earnestly entreat you to listen to our petition and 
grant our request ; and not consign our nation, now a feeble and 
defenceless remnant, to the cupidity of men who covet our land, 
and are using every ingenious artifice to wrest it from us. It is to 
you, as our great father, that we look and implore your protection 
in the peaceable enjoyment of our homes and the graves of our 
fathers, secured to us by treaties heretofore solemnly made and 
ratified. 

SENECA WHITE, 
ISRAEL JEMISOiV, his x mark. 
MARIS B. PIERCE, 
JOHN KENNEDY, Jr. 
Washi-ngton City, January 25, 1839. 



[ No. 9 ] 

COMMUNICATIONS TO THE PRESIDENT. 

Buffalo Creek Reservation, > 
September 7, 1838.^ 

Our Great Father : — The undersigned, sachems, chiefs, and 
residents of the Seneca nation of Indians, now convened in council 
of said nation, and in behalf of the chiefs of the said Seneca nation 
and ourselves : That, after a full and fair explanation of the treaty, 
with its amendments, has been given by Mr. Gillett, a formal and 
customary decision has been made in open council, and in the 
presence of the commissioners : That we, being ivhoUy and unit- 
edly opposed and unwilling to emigrate, take this method and this 
opportunity of expressing our determination to that effect. 

In addition to this, we pray earnestly that the commissioner may 
be instructed from the Executive Department to close the sitting of 
the council ; for our fields are now suffering, and our crops may be 
spoiled. 

We are your friends and children, 

Little Johnson, his x mark. 

Seneca While, his x mark. 

Henry Two Guns, his x mark. 

Blacksmith, his x mark. 

William Patterson, his x mark. 

Young Chief, his x mark. 

Jacob Blacksnake, his x mark. 

John Luke, his x mark. 

Blue Sky, his x mark. 

John Pierce, his z mark. 



[ 124 J 

Oliver Silverheels, his x mark. 

William Jones, his x mark. 

Daniel Two Guns, 
Maris B. Pierce. 

Done in the presence of — 

Zachariah L. Jimeson. 
To Martin Van Bure^, President of the United States. 



Buffalo, January 3, 1839. 

Sir : We, the undersigned, chiefs of the Seneca nation of Indi- 
ans, respectfully represent to your Excellency : That we are ap- 
pointed, by those of our nation opposed to the treaty now under 
consideration, as a delegation, to proceed to Washington, for the 
purpose of opposing said treaty: That Mr. Gillett, the agent on the 
part of the Government, has already left this place for Washington, 
with the papers prepared on the part of those in favor of emigra- 
tion : That one of our number of delegates is now absent, and that 
he has charge of all the papers prepared on the part of those who 
are opposed to emigration. AVe shall leave this place for Wash- 
ington to-morrow, or the day after; and we humbly request your 
Excellency to suspend your opinion on the subject of the treaty 
until our arrival, and until we can be heard. 

With the highest respect, we are your humble servants, 

ISRAEL JEMISON, his x mark. 
SENECA WHITE, his x mark. 
To his Excellency Martin Van Buren. 

Know all men by these presents, that we, the undersigned, chiefs 
and sachems of the Seneca nation of Indians, residing in the Tone- 
wonda reservation in the State of New York, reposing special con- 
fidence in the integrity and ability of Israel Jemison, Seneca White, 
Maris B. Pierce, and John Kennedy, have made, constituted, and 
appointed, and, by these presents, do make, constitute, and appoint 
the said Israel Jemison, Seneca White, Maris B. Pierce, and John 
Kennedy, our true and lawful attorneys, that they, or any three of 
them, may for us, and in our names, and in our stead, appear be- 
fore the President of the United States, tho Senate of the United 
States, and the Judges of the Supreme Court of the Uniied States, 
and all other executive, legislative, and judicial officers of the 
United States, for the purpose of opposing the ratification of the 
treaty now under consideration by the President of the United 
States, and for the purpose of effecting the removal of the present 
Indian agent, in whom we have no confidence; and also to do all 
things touching or connected with the aforesaid objects as fully and 
effectually as we ourselves might do, were we personally present : 
And we also authorize and empower any three of our abovenamed 
attorneys to sign for us, and in our names, any paper or papers 



[ 125 ] 

touching the objects set forth, with the same effect as if we our- 
selves were personally present signing the same. 

In witness whereof, we have hereunto set our hands and seals, 
this 6ih day of January, A. D. 1839. 

Jemmy Johnson, his x mark. [1. s.] 

Black Chief, his x mark. [1. s.] 

Black Smith, his x mark. [1. s.] 

Blue Sky, his x mark. [1. s.] 

Jesse Spring, his x mark. [1. s.] 

John Sky, his x mark. [1. s.] 

John Luke, his x mark. [1. s.] 

James Washington, his x mark. [1. s.] 

John Bigfire, his x mark. [1. s.J 

Jesse Tiffany, his x mark. [1. s.J 

Samuel Parker, his x mark. [1. s.] 

James Williams, his x mark. [1. s.] 

Lewis Poodry, his x mark. [1. s.J 

Jesse Tiffany, his x mark. [1. s.] 
Signed and sealed in presence of — 

George Kenjoketv, his x mark. 



Know all men by these presents, that we, the undersigned, 
chiefs and sachems of the Seneca nation of Indians, residing on the 
Alleghany reservation, in the State of New York, reposing special 
confidence in the integrity and ability of Israel Jemison, Seneca 
White, Maris B. Pierce, and John Kennedy, have made, constitu- 
ted, and appointed, and by these presents do make, constitute, and, 
appoint, the said Israel Jemison, Seneca White, Maris B. Pierce 
and John Kennedy, our true and lawful attorneys, that they, or any 
three of them, may, for us and in our names and in our stead, ap- 
pear before the President of the United States, the Senate of the 
United States, and the Judges of the Supreme Court of the United 
States, and all other executive, legislative, and judicial officers of 
the United States, for the purpose of opposing the ratification of the 
treaty, now under consideration by the President of the United 
States; and for the purpose of affecting the removal of the present 
Indian agent, in whom we have no confidence; and, also, to do all 
things, touching or connected with the aforesaid objects, as fully 
and effectually as we ourselves might do, were we personally pres- 
ent: and we also authorise and empower any three of our above- 
named attorneys to sign for us, and in our names, any paper or 
papers touching the objects above set forth, with the same effect as 
if we ourselves were personally present signing the same. 

11* 



[ 126 ] 

In witness whereof, we have hereunto set our hands and seals 
the 7th day of January, A. D. 1839. 

Moses Pierce, his x mark. [1. s.] 

Charles Obail, his x mark. [1. s.] 

Governor Blacksnake, his x mark. [1. s.] 

James Robinson, his x mark. [1. s.] 

John Pierce, his x mark. [1. s.] 

James Shongo, his x mark. [1. s.J 

Sky Pierce, his x mark. [1. s.] 

Tunis Halftown, his x mark. [1. s.] 

WiUiam Patterson, his x mark. [1. s.] 

Robert Watt, his x mark. [1. s.] 

Witness to the ten signatures on this paper, 
William Hall. 

Jacob Blacksnake, his x mark. [1. s.] 

David Snow, his x mark. [1. s.] 

George Kilbuck, his x mark. [1. s.] 

Isaac Halftov^'n, his x mark. [1. s.] 

The four signatures above signed and sealed in the presence of 
John Boardman. 



Know all men by these presents, that we, the undersigned, chiefs 
and sachems of the Seneca nation of Indians, residing on the Cat- 
taraugus reservation, in the State of New York, reposing special 
confidence in the integrity and ability of Israel Jemison, Seneca 
While, Maris B. Pierce, and John Kennedy, have made, consti- 
tuted, and appointed, and by these presents do make, constitute, 
and appoint the said Israel Jemison, Seneca White, Maris B. 
Pierce, and John Kennedy, our true and lawful attorneys, that 
they, or any three of them, may, for us and in our names and in 
our stead, appear before the President of the United States, and 
the Judges of the Supreme Court of the United States, and the Se- 
nate of the United States, and all other executive, legislative, and 
judicial officers of the United States, for the purpose of opposing 
the ratification of the treaty now under consideration by the Presi- 
dent of the United States ; and for the purpose of effecting the 
removal of the present Indian agent, in whom we have no confi- 
dence ; and also to do all things touching or connected with the 
aforesaid objects, as fully and etTectually as we ourselves might do, 
were we personally present : and we also authorise and empower 
any three of our abovenamed attorneys to sign for us, and in our 
names, any paper or papers touching the objects above set forth, 



[ 127 ] 

with the same effect as if we ourselves were personally present 
signing the same. 

In witness whereof, we have hereunto set our hands and seals, 
this 8th day of January, A. D. 183U. 

Young Chief, his x mark. [1. s. 

Isaac Davis, his x mark. [1. s. 

John Dennis, his x mark. [1. s. 

John Cook, his x mark. [1. s. 

Oliver Silverheels, his x mark. [1. s. 

George Silverheels, his x mark. [1. s. 

George Deer, his x mark. [1. s. 

George Dennis, his x mark. [1. s." 

Signed and sealed in the presence of — 

AsHER Bliss, ivitness of the first Jive, and of three others also. 



Know all men by these presents, that we, the undersigned, chiefs 
and sachems of the Seneca nation of Indians, residing on the Buf- 
falo Creek reservation, in the State of New York, reposing special 
confidence in the integrity and ability of Israel Jemison, Seneca 
While, Maris B. Pierce, and John Kennedy, have made, consti- 
tuted, and appointed, and by these presents do make, constitute, 
and appoint the said Israel Jemison, Seneca White, Maris B. 
Pierce, and John Kennedy, our true and lawful attorneys, that 
they, or any three of them, may, for us and in our names and in 
our stead, appear before the President of the United States, the 
Senate of the United States, and the Judges of the Supreme Court 
of the United States, and all other executive, legislative, and judi- 
cial officers of the United States, for the purpose of opposing the 
ratification of the treaty now under consideration by the President 
of the United States ; and for the purpose of effecting the removal 
of the present Indian agent, in whom we have no confidence ; and 
also to do all things touching or connected with the aforesaid ob- 
jects, as fully and effectually as we ourselves might do, were we 
personally present: and we also authorise and empower any three 
of our abovenamed attorneys to sign for us, and in our names, any 
paper or papers touching the objects above set forth, with the 
same effect as if we ourselves were personally present signing the 
same. 

In witness whereof, we have hereunto set our hands and seals, 
this 14th day of January, A. D. 1839. 

Big Kettle, his x mark. [1. s.] 

Henry Two Guns, his x mark. [1. s.] 



[ 128 ] 

Mark Charles, 
William Krouse, 
George Kenjokety, 
David White, 
John Snow, 
Sky Carrier, 
John Bark, 
John Kennedy, 
John Tall Chief, 
William Jones, 
John Green Blanket, 



his X mark, 
his X mark, 
his X mark. 

his X mark, 
his X mark, 
his X mark, 
his X mark, 
his X mark, 
his X mark, 
his X mark. 



[1. s.] 

-I. s.] 

Is." 

1. s. 
1. s. 

1. 
'1. 
1. 
1. 
"I 
"I 



January 14, 1839. Signed and sealed in the presence of — 
AsHER Wright. 

January 15, 1839. These three signatures and seals were af- 
fixed to this instrument, in my presence, this day. 
AsHER Wright. 

Adam Doxtator, his x mark. [1. s.] 
Jacob Bennett, his x mark. [1. s.] 
John Hudson, his x mark. [1. s.] 

January 15, 1839. These three signatures and seals were af- 
fixed, in my presence, this day, by Jacob Bennett, acting as their 
attorney. 



Asher Wright. 



January 15, 1839. 
my presence, this day. 
Asher Wright 



January 15, 1839 
to this instrument, in my presence, this day. 
Asher Wright. 

Daniel Two Guns, 



Jack Berry, his x mark, [l-s.] 

Joe Hemlock, his x mark. [1. s.] 
John General, his x mark. [1. s.] 

This signature and seal were affixed, in 



George Lindsey, [1. s.] 

This signature and seal were also affixed 



[1. 8.] 



Seate of New York, ) 

County of Erie. 5 

John Kennedy, one of the Seneca nation, residing on the Buf- 
falo Creek reservation, in the county of Erie and State of New 
York, being duly sworn, doth depose and say, that, on or about 



[ 129 ] 

ihe first of March last, at a council of the chiefs and «achems of 
the Seneca nation who are opposed to the ratification of the treaty 
for the purchase of the lands of the nation lying in the said Stale of 
New York, and the removal of the nation to lands beyond the Mis- 
sissippi, this deponent was appointed the agent of that part of the 
nation opposed to said treaty, with power and instructions to take 
such measures for opposing the said treaty as should be deemed 
advisable by this deponent, and should have the sanction of the 
said chiefs and sachems ; and particularly to carry into effect the 
plans already agreed upon for that purpose ; that as such agent, 
this deponent, with the consent of said chiefs and sachems, retained 
and employed Mr. Charles R, Gold, of the city of Buffalo, attorney 
at law, to act aS the attorney and counsel of this deponent and the 
said chiefs and sachems in preparing and maturing their measures 
of opposition to the treaty ; that Mr. Gold, as such attorney and 
counsel, attended the councils of the nation which were held during 
the past summer for considering the treaty ; that he drew up vari- 
ous remonstrances against the ratification of the treaty, which were 
signed by sixty-eight of the chiefs and sachems of the nation and 
by (hose of the warriors opposed to the treaty, both those residing 
on the Buffalo Creek reservation, and those who reside on the 
Alleghany, Cattaraugus, and Tonewonda reservations, respectively, 
(being a large majority of the nation ; that Mr. Gold also drew up 
several affidavits made by chiefs of the nation, for the purpose of 
exposing the means and appliances which had been made use of to 
obtain their signatures to the treaty ; that among others was the 
affidavit of John Snow, one of the chiefs, shovving the fact that one 
hundred dollars in cash had been paid to him by General Potter, 
the agent of the Ogden company, in consideration of his signing 
the treaty, all of which remonstrances and affidavits, together with 
many other documents relating to the treaty, were delivered to Mr. 
Gold for safekeeping and preservation until called for ; and also the 
identical one hundred dollars (in bank bills) which General Potter 
had paid John Snow as aforesaid, which were delivered by Snow 
with the affidavit as collateral evidence of its truth. And this de- 
ponent further says, that among other documents so placed in the 
hands of Mr. Gold during the summer past, was a remonstrance 
against the ratification of the treaty, signed by several prominent 
citizens of Buffalo, and by General Dearborn, the commissioner 
appointed on the part of the State of Massachusetts to protect the 
interests of that State as connected with the proposed removal of 
the Seneca nation. And this deponent further saith, that in the 
month of December last, this deponent, as the agent of the afore- 
said chiefs and sachems of the Seneca nation, paid to the said 
Charles R. Gold the sum of one thousand dollars in bills of the 
Bank of Buffalo, for services already rendered and hereafter to be 
rendered by him in opposing the said treaty. And this deponent 



[ 130 ] 

further says, that by a power of attorney duly made and executed 
by those of the chiefs and sachems of the Seneca nation who are 
opposed lo the said treaty, was placed in the hands of the said 
Charles R. Gold, to be used as circumstances should require ; by 
which the said Gold, Israel .Temison, Maris B. Pierce, Seneca 
White, and this deponent, were authorized, empowered, and dele- 
gated as the representatives of the said chiefs and sachems, and of 
the warriors of the nation opposed to the treaty, to proceed to 
Washington, and appear before the President of the United States, 
the Senate of the United States, and all other officers of the General 
Government, for the purpose of spreading before them the facts in 
relation to the procurement of the signatures to the treaty, making 
known the dissatisfaction felt by the great majority of the nation 
with the whole scheme of removal, and particularly as contem- 
plated by the terms of the treaty, and for taking all proper and 
lawful measures to prevent its ratification ; that on the 3d day of 
January, 1839, the said Israel Jemison, Maris B. Pierce, and Se- 
neca White, set out for Washington as such representatives ; that 
the said Gold was at that time absent on a visit to Geneseo, in the 
county of Livingston, and the residence of James Wadsworth, 
Esquire, (one of the Ogden company, as this deponent is informed 
and believes ;) that this deponent remained behind to await the 
return of the said Gold, to receive from him the documents 
and papers in relation to the treaty and which were to be used 
in opposing its ratification, (which were to be placed in this 
deponent's hands at the request of the chiefs and sachems of that 
part of the delegation who had already departed for Washington ;) 
that, after the departure of Jemison, Pierce, and White, by the di- 
rection and appointment of the said chiefs and sachems, Daniel 
Two Guns,''a chief of the nation, was added to the delegation ; that 
on his return, Mr. Gold, in compliance with the wishes of the 
chiefs and sachems, and of the remainder of the delegation, pro- 
mised to deliver the aforesaid documents and papers, relating to 
the treaty to this deponent, to be under the care and control of this 
deponent and the said Dauiel Two Guns until after the delegation 
should all meet at Washington ; that on the evening of the 8th day 
of January instant, Mr. Gold delivered to this deponent, in the pre- 
sence of the said Daniel Two Guns, at the office of said Gold, in 
the city of Buffalo, a carpet bag which appeared to contain papers, 
and informed us that in that bag were contained the papers and docu- 
ments mentioned above, and the money delivered with the affi- 
davit of John Snow, as mentioned above, but refused to deliver the 
key of the bag, (which was locked,) and insisted on retaining 
that himself; tliat the said Daniel Two (luns and this deponent 
went to the Eagle tavern in said city for the purpose of taking seats 
in the stage to leave the next morning for the east, leaving the 
carpet-bag containing the papers at the office of said Gold ; that 



[ 13i J 

after taking seats in the stage, the said Daniel Two Guns and this 
deponent returned to the said Gold's office, received a carpet-bag, 
which we supposed the same one previously delivered us, and took 
it to our lodgings at the Mansion-house in said city ; that the next 
morning the said Gold, Daniel Two Guns, and this deponent 
started for Washington, we having still in our possession the carpet- 
bag supposed by us to contain our papers; that when arrived at 
the village of Geneseo aforesaid, it became necessary for us to re- 
main at that place for several hours ; that while there Mr. Gold 
went out for a short time and returned in company with James 
Wadsworth, Esquire, (who is mentioned above,) who called us out 
upon the piazza in front of the hotel at which we stopped, and en- 
deavored to persuade us to return home and abandon our opposition 
to the treaty, and offered to pay us such a sum as would perfectly 
satisfy us for so doing ; that Mr. Gold stood by and heard the pro- 
position without saying a word for or against the proposition ; that 
neither of us made any reply whatever to Mr. Wadsworth, but left 
him with Mr. Gold upon the piazza and returned into the house; 
that shortly after Mr. Gold came in and asked for the carpet-bag 
whijh contained the papers, saying that he wished to change his 
vest and had one in that bag which he wished to put on ; that this 
deponent delivered him the bag, and the said Gold taking a small 
key from his pocket attempted to unlock it, and not succeeding, in 
consequence of the key not fitting the lock, he exclaimed, " What 
have you done with the bag? you have got the wrong bag! you 
have changed it on the road ! you have lost the bag with the papers 
in it." He then forced open the bag and found nothing in it except 
some old clothes wrapped up in newspapers. He then inquired 
where we slept the night before we left Buffalo, and being told that 
we slept at the Mansion-house, he inquired what part of the house, 
and if we saw Dr. Wilcox there that evening. We described the 
part of the house in which we slept, and told him we saw Dr. Wil- 
cox in the bar-room late in the evening. He then said Dr. Wilcox 
got into your room in the night and took the bag containing the 
papers and left this one in its place. We replied that such could 
not be the fact, as we locked the door of the room on the inside on 
going to bed, and left the key in the door, and that in the morning 
we found every thing undisturbed and the door locked and the key 
in the door in the same manner as we left it the evening previous. 
Mr. Gold however still persisted that Mr. Wilcox must have taken 
the carpet-bag containing the papers. Mr. Gold then endeavored 
to convince us that we had better go on to Washington without the 
papers, and that we could get along without them, and offered to 
return himself and try to find them. But we refused to proceed 
without the papers, and declared our intention to return and get the 
papers made out anew. Mr. Gold then said he would wait for us 
until the next day at four o'clock, and if we did not return by that 



[ 132 ] 

time he should go on to Washington, wliereupon we left him and 
returned home. ► 

And this deponent further says, that he has no knowledge of 
what has become of the said papers, or where they are, but this de- 
ponent believes that the said Gold has the said papers,' or knows 
where they are, (unless they have been destroyed by him,) and that 
they were not in the carpet-bag delivered to this deponent by said 
CJold. And further this deponent saith not. 

JOHN KENNEDY. 
Sworn and subscribed before me, this 14th day of January, 
A. D. 1839. 

JAMES SMITH, 
Commissioner of Deeds, ^-c, for Erie County. 



State of New York, 

County of Erie, 

Daniel Two Guns, being duly sworn, deposes and says, that the 
foregoing affidavit of John Kennedy has been translated and read to 
this deponent in the Seneca language, and that the facts stated 
therein to have taken place in the presence of this deponent, did so 
take place as therein stated ; that the conversation therein alleged 
to have been had in this deponent's presence was so had ; and the 
said affidavit so far as the same speaks of what was said or done in 
relation to and in the presence of this deponent, is true of this depo- 
nent's own knowledge, and as to the remainder of said affidavit this 
deponent verily believes it to be correct and true. 

DANIEL TWO GUNS. 

Sworn and subscribed before me, this 14th day of January, A.D. 
1839, after the deponent, Daniel Two Guns, had heard this and the 
preceding affidavit translated and read to him in the Seneca lan- 
guage, by John Kennedy, an interpreter, by me for that purpose 
duly sworn. 

JAMES SMITH, 
Commissioner of Deeds, ^c.,for Erie County. 



War Department, January 30, 1839. 
Sir : By direction of the President of the United States, I have 
the honor to lay before the Committee on Indian Affairs the ac- 
companying communications of his Excellency the Governor of 
Massachusetts, together with the papers alluded to therein, relating 
to the emigration of the Seneca tribe of Indians. 

Very respectfully, your most obedient servant, 

J. R. POINSETT. 
Hon. John Tipton, 
Chairman Committee on Indian Jiffairs, Senate. 



[ 133 ] 



COMMONWEALTH OF MASSACAUSTTS. 

Executive Department, January 24, 1839. 
Sir : I have tlie honor to transmit to you a copy of a paper signed 
by the chiefs and residents of the Seneca tribe of Indians opposed 
to emigration, and authenticated by the superintendent on behalf 
of Massachusetts. 

I have the honor to be, with great respect, your obedient servant, 

EDWARD EVERETT. 
His Excellency Martin Van Buren, 

President of the United States. 
We, the undersigned, chiefs and residents of the Seneca nation 
of Indians, being opposed to selling our lands, and also being whol- 
ly and unitedly opposed and unwilling to emigrate, take this me- 
thod and this opportunity, in council assembled, of expressing our 
determination to that effect, by affixing our proper signatures to 
this paper. 



Big Kettle, 


X 


Sky Carrier, 


X 


Little Johnson, 


X 


John General, 


X 


Seneca White, 


X 


Jemmy Johnson, 


X 


Daniel Two Guns, 


X 


Sky Pierce, 


X 


George Lindsey, 


X 


George Killbuck, 


X 


John Duke, (Sachem,) 


X 


Blacksmith, 


X 


James Hudson, 


X 


Joel Hemlock, 


X 


Mark Charles, 


X 


John Dennis, 


X 


Henry Two Guns, 


X 


George Dennis, 


X 


Governor Blacksnake, 


X 


David Snow, 


X 


John Pierce, 


X 


George Deer, 


X 


James Robinson, 


X 


William Cass, 


X 


William Patterson, 


X 


Isaac Halftown, 


X 


Tunis Halftown, 


X 


Blue Sky, 


X 


Lsrael Jemison, 


X 


Jonny John, 


X 


Charles O'Beal, 


X 


John Sky, 


X 


Robert Watt, 


X 


George Washington, 


X 


Major Jack Berry, 


X 


James Williams, 


X 


Jacob Bennett, 


X 


Stiff Kee, 


X 


Jacob Blacksnake, 


X 


Jesse Spring, 


X 


John Snow, 


X 


John Tall Chief, 


X 


William Jones, 


X 


Jack Johnny John, 


X 


Samuel Wilson, 


X 


Davis Poodry, 


X 


Long John, 


X 


William Krouse, 


X 


John Kennedy, 


X 


John Green Blanket, 


X 


Doxtator, 


X 


By his agent. Little Johnson, 


George Skenjackety, 


X 


Black Chief, 


X 


John Barks, 


X 


By his agent. Blue Sky. 


James Shongo, 


X 


Samuel Parker, 


X 


John Cook, 


X 


By his agent, Jesse 


Spring. 



12 



[ 134 ] 

George Silverheels, x David White, x 

Young Chief, x By his father and agent, 

Joseph Snow, x Seneca White, x 

Oliver Silverheels, x Maris B. Pierce. 

Witness: 

H. A. S. Dearborn, 

Superintendent of Massachusetts. 
Dated this 28lh of September, 1838. 

We certify that the above signatures were made in our presence, 
the day of the date above, 

C. R. Gould, 
Wm. R. Dana, 
Joseph Battey, 
Edward Paine, 
Lafayette Carvbn, 
Seth C.Heacock, 
I hereby certify, that the above is a correct copy of the original 
document, executed in council, September 28, 1838. 
A true copy : 

H. A. S. DEARBORN, 
Superintendent of Massachusetts. 

COMIMONWEALTH OF MASSACHUSETTS. 

Executive Department, January 23, 1839. 

Sir : I have received a communication from the Secretary of 
War, of the 4th instant, on the subject of the letter of the 30th of 
November, which I had the honor to address you, relative to the 
negotiation with the Seneca Indians, in the State of New York. 
The letter of the Secretary is accompanied by a report of the Com- 
missioner of Indian Affairs, of the 2d instant, explaining " the dif- 
ferent steps which have been pursued by the Government in this 
matter." 

The letter of the Secretary, with the report of the Commissioner 
of Indian Affairs, and the documents accompanying it, having been 
referred by me to General H. A. S. Dearborn, who was present at 
the negotiation of the amended treaty as superintendent on the part 
of Massachusetts, I have the honor to enclose you a copy of his 
report thereon. It appears from this report that the contents of 
the letter of the Commissioner of Indian Affairs, of the 12th of No- 
vember, to General Gillett, authorizing him to hold an adjourned 
meeting of the Indian Council if desired by General Dearbornp 
were never communicated to General Dearborn. 

The commissioner remarks on my suggestion that it was, per- 
haps, an unconstitutional course to endeavor to obtain the assent of 
the Indians individually to the amended treaty, and not in open coun- 
cil; that he is "not aware of any injunction of the Constitution 



[ 135 ] 

that would be violated by pursuing one course or the other." The 
treaty-making power is granted by the Constitution in general 
terms. No modifications of its exercise in reference to Indian tribes 
are recognised. As it would certainly be unconstitutional for the 
President of the United States to attempt to treat with the individual 
members of any foreign State or Government, (not duly authorized 
to represent the entire body,) or to attempt to obtain the ratifica- 
tion of a treaty by means of the assent of individuals of the Senate 
not duly assembled and acting as such, I remain of opinion that the 
constitutionality of attempting to obtain the assent of individual 
Indian chiefs to the amended treaty, in the manner in question, is 
doubtful. 

I have the honor to be, with great respect, your obedient servant, 

EDWARD EVERETT. 

His Excellency Martin Van Buren, 

President of the United States. 



[ No 10. ] 

MEMORIALS, REMONSTRANCES, CENSUSES, <Sjc. 

To the honorable the Senate of the United States of America : 

We, the undersigned delegation of the Seneca tribe of Indians in the 

State of New York, 

Most respectfully represent : 

That a document purporting to be a treaty, nnade and entered 
into between the United States and the Seneca tribe of Indians, has 
been presented to your honorable body for ratification, and that we, 
upon the part of the Seneca nation, do with the greatest respect 
oppose said ratification, and enter our solemn protest against the 
same, for the following reasons : 

We state that no treaty made with a minority of the chiefs of the 
Seneca nation is a treaty with that nation : That according to our 
laws and usages, which have heretofore always been respected and 
acknowledged by the United States, the Seneca nation is governed 
by the acts and councils of a majority of her chiefs ; and to make 
a good and valid treaty, it requires the sanction of a majority of the 
chiefs belonging to the nation, and that such majority was not ob- 
tained or given to the treaty now before your honorable body ; but, 
on the contrary, the pretended treaty is the act of a minority, and 
consequently not the treaty with the Seneca nation, nor is that na- 
tion bound by it. 

The ratification of that treaty, and the removal of the Senecas 
under it from the lands and homes of their forefathers, would be an 
arbitrary act upon the part of the Unhed States, in violation of 
every principle of justice and humanity, and an act which your 



[ 136 ] 

memorialists do not believe your dignified and enlightened body 
will approve. If the United States should ratify this pretended 
treaty, the treaty-making power with the Indians is but a sham for 
appearance alone, for the present treaty would be equally good and 
binding had it been made by one chief only. Why were the Sene- 
cas invited and called upon to treat with the United States, if that 
treaty was to be mere form and of no substance? ^Vhy was the 
nation of Senecas required to speak in their council, if the voice of 
the nation is to yield to that of a small minority composing it? Why 
was the consent of that nation asked, if the United States will, in 
opposition to the wishes of its people, expressed through a majority 
of its chiefs, force upon them a treaty they have never made nor 
sanctioned? 

Your memorialists state that they are specially charged to state 
to your honorable body, that the nation of the Senecas is composed 
o^ ninety -tic chiefs in all, and that no treaty is the act of that na- 
tion, unless forty-seven of the chiefs are in favor of it : That the pre- 
tended treaty, against the ratification of which, as the act of the 
Seneca nation, your memorialists do protest, received only the ap- 
probation oi'tirenty-six chiefs, who declared themselves unqualifiedly 
in favor of emigration to the West, and of ten other chiefs, who 
were neutral, and would be satisfied with either course ; and that 
allowing the votes of these neutrals, your memoiialists show that 
there were only thirty-six chiefs in favor of the treaty, while the 
number offfty-six were opposed to it, unqualifiedly and decidedly. 

To support and maintain this statement, your memorialists annex, 
as a part of this memorial, a statement, giving the names of each 
chief of the Seneca nation, of the ditferent reservations to which he 
belongs, and showing the name of each chief ybr and against said 
treaty. 

For the above reasons, as well as for many others, which your 
memorialists will point out to the committee to which said treaty is 
referred, if they be permitted to appear before it, as well as for rea- 
sons apparent in the paper itself, your memorialists do, in the name 
of the Seneca nation of Indians aforesaid, respectfully protest 
against said pretended treaty, and declare the same not to be the 
ac of the said nation, a large majority of which are opposed to 
the same, and are here represented by your memorialists, who, in 
th most respectful, but, at the same time, in the most decided and 
so mn manner, enter this protest, and object to the terms and con- 
ditions of said pretended treaty. 

Your memorialists further refer to exhibits A, B, and C, being 
protests of the warriors of the Seneca nation, as a part of this me- 
morial: also to exhibit D, which is a written history of the proceed- 
ings connected with said treaty, all of which will show that said 
treaty ought never to receive the sanction of your patriotic and en- 
lightened body. 



[ 137 ] 

Your memorialists also respectfully ask that they may be per- 
mitted in person to appear before the committee of your honorable 
body, in discharge of the duties imposed upon them, and better to 
represent the interests of their nation. 

ISRAEL JEMISON, his x mark. 
SENECA WHITE, 
MARIS B. PIERCE, 
JOHN KENNEDY, .Tr. 
Washington City, February 7, 1839. 



THE STATEMENT SHOWING THE NAMES OF EACH CHIEF, ETC. 

The Seneca nation is divided into the following reservations, to 
"wit ; Buffalo, Tonewonda, Cattaraugus, and Alleghany. 



Names of the Chiefs opposed 


to the treaty and to emigration. 


Buffalo Chiefs. 


Tonewonda Chiefs. 


1. Big Kettle. 




2. Seneca White. 




3. Henry Two Guns. 


1. Jemmy Johnson. 


4. William Krouse. 


2. Blue Sky. 


5. William Jones. 


3. Black Chief. 


6. Jacob Bennet. 


4. Black Smith. 


7. Maris B. Pierce. 


5. John Luke. 


8. Daniel Two Guns. 


6. John Sky. 


9. Mark Charles. 


7. Jesse Spring. 


10. John Kennedy. 


8. John Bigfire. 


11. George Lindsey. 


9. Samuel Parker. 


12. John Green Blanket. 


10. Lewis Poodry. 


13. David White. 


11. Jim Williams. 


14. John Hudson. 


12. Tiffany. 


15. Joe Hemlock. 


13. James Washington. 


16. Adam Doxtator. 




17. George Kenjokety. 




18. Johnny John. 




19. Jack Johnny John. 




Cattaraugus Chiefs. 


1. Israel Jemison. 


6. Isaac Davis. 


2. Young Chief. 


7. George Deer. 


3. John Cook. 


8. John Dennis. 


4. Joseph Snow. 


9. George Silverheels, 


5» Geo, Dennis. 


10. Oliver Silverheels. 




12* 



[ 138 j 

Alleghany Chiefs. 

1. James Robinson. 8. Robert Watt. 

2. Governor Blacksnake. 9. Sky Pierce. 
ii. John Pierce. 10. Moses Pierce. 

4. Jacob Blacksnake. 11. James Shongo. 

5. Tunis Halftown. 12. George Killbuck. 

6. William Patterson. 13. David Snow. 

7. Charles Obail. 14, Isaac Halftown. 

Names of the Chiefs in favior of the treaty and of emigration. 



Buffalo Chiefs. 

1. Pollard. 

2. James Stevenson. 

3. White Seneca. 

4. Job Pierce. 

5. Geo. Jemeson. 
H. Tall Peter. 

7. John Seneca. 
H. Jabez Stevenson. 
9. George Fox. 

10. Thomas Jemeson. 

11. T. S. Harris. 

12. Jim Jonas. 

13. John Bennet. 

14. Tommy Jimmy. 

TonetKonda Chiefs, 
None. 



Cattaraugus Chiefs, 

1. Capt. Strong. 

2. Blue Eyes. 

3. Geo. Bennet. 

4. Big Deer. 

.5. Samuel Gordon. 

6. Morris Halftown. 

7. Billy Shanks. 

8. William Johnson. 

9. Levi Halftown. 

10. N. T. Strong. 

1 1 . Walter Thompson. 

Alleghany Chiefs, 
1 . Jacob Jemison. 



Names of the Chiefs who signed hath in favor and against, and 
who are neutral. 



Buffalo Chiefs. 

1. Little Johnson. 

2. Samuel Wilson. 

3. William Cass. 

4. John Snow. 

5. Sky Carrier. 

6. John General. 

7. Major Jack Berry. 

8. John Tall Chief- 

9. John Bark. 



Tonewonda Chiefs^ 
None. 

Cattaraugus Chiefs, 
None. 

Alleghany Chiefs, 
1. Long John, 



Buffalo chiefs 
Toncwonda 
Cattaraugus 
Alleghany 



19 
13 
10 
14 



Opposed to treaty 66 



[ 139 j 

RECAPITULATION. 

Buffalo 
Toncwonda 
Cattaraugus 
Alleghany 



14 


Buffalo 


9 


00 


Tonewonda 





11 


Cattaraugus 





1 


Alleghany 


1 



In favor of treaty 26 Signed both ways 10 
56 chiefs decidedly opposed to emigration. 
26 chiefs decidedly in favor of emigration. 
10 chiefs who, being neutral, have signed 
-— in favor of both. 
Total number of chiefs 92 

A clear majority of chiefs of 20, allowing the neutrals to go with 
those in favor of the pretended treaty. 

Counting the neutrals for neither party, leaves a majority of 30 
opposed, a number greater than the minority who are in favor of the 
treaty. 



A. 

We, the undersigned, warriors and residents of the Tonewonda 
reservation of Indians, in the State of New York, most respectfully 
beg leave to protest and remonstrate against the sale and disposition 
of our land to those who claim to have the pre-emptive right to pur- 
chase the same, or to any other individual, or individuals, or the Gov^ 
ernment ; as it is and ever has been our deliberate resolve, not to 
accept of the country offered to us by the Government, neither to part 
with the lands now in our possession and under control of the chiefs 
as our representatives. 

Dated this 15th day of September, A. D. 1838. 



George Moses 


X 


John Farmer 


X 


John Bigfire 


X 


Isaac Doctor 


X 


Dennis Sky 


X 


William Parker 


X 


John Bigbag 


X 


John Shanks 


X 


"William Taylor 


X 


David Printup 


X 


John Cooper 


X 


John Fish 


X 


Amos George 


X 


Robert Fish 


X 


Abram George 


X 


Tommy Black 


X 


James George 


X 


Sherwood Black 


X 


John Hiram 


X 


John Miller 


X 


Daniel Carpenter 


X 


John Irvin 


X 


James Bigbag 


X 


Chauncy Abram 


X 


John Luke, jr. 


X 


George Powder Horn 


X 


John Griffin 


X 


George Washington 


X 



[ 1^0 ] 



John Blackchief 


X 


George Clantoi* 


X 


John Maki 


X 


Thomas Clantor 


X 


Isaac Shanks 


X 


Samuel Clantor 


X 


James RoHin 


X 


Jabez Clantor 


X 


Anthony Jones 


X 


William Jones 


X 


Peter Taylor 


X 


Jesse Moses 


X 


Thomas Evans 


X 


William Hatch 


X 


Isaac Doxtator 


X 


William Johnson 


X 


Simmons Spring 


X 


William James 


X 


Tommy Hiram 


X 


David Brooks 


X 


George Fish 


X 


John Martin 


X 


Henry Moses 


X 


John Jones 


X 


Woods Moses 


X 


Billy Stewart 


X 


John Bigfire 


X 


Kilisy Tiffany 


X 


Esquire Brooks 


X 


Hirald 


?; 


Jemmy Brooks 


X 


John William 


X 


Elon Sky 


X 


John Abram 


X 


George Sky 


X 


William Clute 


X 


Henry Johnson 


X 


Thompson Coody 


X 


Ely Johnson 


X 


William Snider 


X 


David William 


X 


Henry Ground 


X 


Levi Barker 


X 


Henry Jackson 


X 


Jabez Ground 


X 


Aitch Ground 


X 


William Cananta 


X 


Tommy Hall 


X 


Small Peter 


X 


John Cone 


X 


Henry Jemison 


X 


Daniel Peter 


X 


Barber Jemison 


X 


Black Chief Brother 


X 


William Jemison 


X 


Nixon Thomas 


X 


William Snidor 


X 


Wilson Thomas 


X 


Samuel Parker 


X 


David Bigbag 


X 


Joseph Taylor 


X 


Elias Jones 


X 


Tommy Hill 


X 


Reuben Jones 


X 


John liil! 


X 


Tommy White 


X 


Isaac Hill 


X 


John Thomas 


X 


Lewis Cananta 


X 


David Shanks 


X 


Richard Cooper 


X 


James John 


X 


Thompson Cananta 


X 


Ely Stone 


X 


Abel Bigham 


X 


Nicholson Parker 


X 


Thomas Bigtree 


X 


George Taylor 


X 


John Bigtree 


X 


Thomas Spring 


X 


Joseph Fish 


X 


Thomas Snider 


X 


John Beaver 


X 


Billy Ilalfbreed 


X 


Benjamin Jones 


X 


Daniel Spring 


X 


Monroe Squire 


X 


William Moses 


X 


Stephen Bigbag 


X 


John Jones 


X 


William Lacy 


X 


James John, jr. 


X 



[ 141 ] 

William Fish x Adam Blue Sky x 

Daniel Fish x James Johnson x 

James Fish x 

September 15, 1838. 
1 hereby certify, that all persons whose names are attached to 
this paper, did severally and personally make their marks in my 
presence. THOMAS JEMISON, Interpreter . 



B. 

We, the undersigned, warriors and residents of the Seneca nation 
of Indians, in the county of Erie, and State of New York, most re- 
spectfully beg leave to protest and remonstrate against the sale and 
disposition of our land to those who claim the pre-emptive right to 
purchase the same, or to any other individual or individuals, or the 
Government ; as it is, and ever has been, our deliberate determina- 
tion not to accept of the territory offered to us by the Government, 
neither to part with the lands now in our possession, and under the 
control of the chiefs as our representatives. 

Dated this 21st day of September, 1838. 



John M. Mason 
John Kennedy 
Jack Doxtator 
Robert Silverheeis 
John Steven 
Jonah Armstrong 
Thomas Beaver 
Black Squirrel 
Benjamin Jonny John 
John Mitten 
John Joshua 
John Luke 
Elijah Cayugah 
Little George 
Thomas Blinkey . 
Anthony Wayne 
John Dana 
Peter Johnson 
William Cayugah 
Abram Jonny John 
James Green Blanket 
Thomas Hemlock 
Philip Canjokady 
John Green Blanket 



Thomas Jones 
Peter Sundown 
James Coniscag 
William Johnson 
Gilbert Crawford 
John General, jr. 
Arm Strong 
John Fox 
Henry Wood 
Jacob Warwee 
George Green 
Jack Joseph 
Moses Doxtator 
Thomas Doxtator 
Peter Snow 
Joseph Dudley 
Billy Jones 
John Jacket 
Andrew Snow 
Youn^ Squirrel 
John Hemlock 
William George 
Henry Phelps 
Thompson Cayuga 



[ 142 ] 



William Elick 


X 


Jim Billy 


X 


Young Farmer 


X 


John Hemlock, jr. 


X 


Yoiincr Wilson 


X 


Major Camp 


X 


Capt. Cook 


X 


James Harris 


X 


Pliilip Snow 


X 


Jolm Moses 


X 


Asa Sundown 


X 


John Crow 


X 


George Washington 


X 


Joel Sundown 


X 


Samuel Logan 


X 


Jack Jonny John 


X 


James Spring 


X 


Yellow Blanket 


X 


John Austin 


X 


William Hemlock 


X 


Joe Hemlock, jr. 


X 


Gilman Clark 


X 


Isaac Jonny John 


X 


Thomas Snow 


X 


James Philips 


X 


Charles Kennedy 


X 


Orlando Tall John 


X 


John Baldwin 


X 


Charles Half White 


X 


Richard White 


X 


Black Squirrel 


X 


John Bennet 


X 


John Mack 


X 







September 22, 1838. 
I hereby certify that all persons who signed this paper, are men 
of the Seneca nation, and they did severally and personally sign 
and make their marks in my presence. 

MARIS B. PIERCE. 



We, the undersigned, warriors and residents of the Cattaraugus 
reservation of Indians, in the State of New York, most respectfully 
beg leave to protest and remonstrate against the sale and disposition 
of our land to those who claim the pre-emptive right to purchase 
the same, or to any other individual or individuals, or the Govern- 
ment ; as it is, and ever has been, our deliberate resolve not to 
accept of the territory offered to us by the Government ; neither to 
part with the lands now in our possession, and under control of the 
chiefs as our representatives. 

Dated this 17th day of September, 1838. 



Zechariah L. Jimeson 




George Billcy 


X 


Thomas Runner 


X 


Jimmy Corn planter 


X 


John Dickey 


X 


Charles Cooper 


X 


Henry Silverheels 


X 


Moses George 


X 


John White 


X 


Thomas Halfwhite 


X 


Stephen Silverheels 


X 


Jacob Johnson 


X 


Abram John 


X 


William Mohawk 


X 


Peter White 


X 


John Turkey 


X 


Joseph John 


\ 


Thomas Jimeson 


X 



[ 143 ] 



John King 


X 


John Spruce 


X 


William Dennis 


X 


Jack Doctor 


X 


Sacket Warrior 


X 


Moses George 


X 


Richard John 


X 


Thomas Halfwhite 


X 


Thomas Shongo 


X 


John Mohawk 


X 


James Eels 


X 


Moses Turkey 


X 


Gibson Mohawk 


X 


Captain Jackson 


X 


Titus Warrior 


X 


John Porcupine 


X 


David Snow 


X 


Jonathan Johnson 


X 


Joshua Turkey 


X 


Big Chief 


X 


Paul Peter 


X 


George Green 


X 


Isaac Turkey- 


X 


Abram Half White 


X 


Isaac Davis 


X 


Gardner York 


X 


Andrew John 


X 


Harry York 


X 


William Davis 


X 


Watson Pierce 


X 


John Seneca 


X 


John Green 


X 


William Snow 


X 


Solomon Green 


X 


John Titus 


X 


John Green, jr. 


X 


William Jacobs 


X 


Joseph Silverheels 


X 


Jacob Jacobs 


X 


William Bluesky 


X 


Henry Jacobs 


X 


George Jimeson 


X 


John Jones 


X 


George Jacob 


X 


James Crow 


X 


John Mohawk 


X 


John Andiron 


X 


George White 


X 


Joseph Snow, jr. 


X 


Allen Jimeson 


X 


Adam Reed 


X 


Smith Thompson 


X 


John Canada 


X 


John Deer 


X 


James Reuben 


X 


John Jacobs 


X 


George Halftown 


X 


George Cornplanter 


X 


John Thompson 


X 







I hereby certify that all persons whose names are attached to 
this paper did severally and personally make their marks in pre- 
sence of — 

J. N. HILLMAN. 

17th Ninth month, 1838. 



D. 

To the honorable the Senate of the United States : 

In addition to the memorial and protest submitted by us to your 
honorable body, we respectfully submit the following statement to 
accompany said memorial, and we ask your attention to the same. 
Every fact herein stated can and will be proven in any way pointed 
out by your honorable body. 



[ 144 ] 

This subject so vitally concerns our peace, happiness, and future 
welfare, as a nation and a people who feel they have rights which 
ought not to be invaded by force, and more especially by the United 
States, to whom they have always looked up as friends and protec- 
tors, that the undersigned cannot let it pass without the following 
statement : 

The undersigned speak not only from their acquaintance with the 
views and wishes of the Senecas, but from their own personal 
knowledge and view of what took place relative to the pretended 
treaty, and unhesitatingly pronounce the proceedings in relation 
thereto to be unheard of, and disgraceful to the parties concerned. 

Upon the 17th of August, 1838, a negotiation was held at the 
Buffalo Creek reservation, in the State of New York, between the 
chiefs of the Seneca nation and R. H. Gillett, United Slates commis- 
sioner, and H. A. S. Dearborn, superintendent on the part of the 
State of Massachusetts. The council being opened, the proposed 
treaty, with the amendments, was laid before it by the United States 
commissioner, who urged its adoption. The council continued for 
more than two weeks, and every influence used to operate upon the 
chiefs, when the council was allowed time to deliberate, and make 
a final conclusion in the case. The chiefs then met in private coun- 
cil, and, after well deliberating, they came to the following decision : 
" that they do not assent to the treaty and the amendments, or con- 
sent to part with their lands, and remove west of the Mississippi." 
This determination was communicated to the commissioner in the 
presence of General Dearborn. The commissioner refused to accept 
the decision of the council, insisted upon the treaty and its amend- 
ments being adopted, and menaced that all the Indians in New 
York would be removed ; for, said he " this is the policy of the 
Government, and they will carry it into effect." And he added, 
" what will you do, since you have deeded away your lands to the 
pre-emption company, and the Governor of Massachusetts has ap- 
proved it ? Since you reject the offers of the General Government, 
where will you go ?" In this style were the chiefs addressed, and 
the most violent threats used to induce them to accept the treaty, 
&c. ; and this course was pursued for weeks in a manner and lan- 
guage inconsistent with the dignity of the United States, and with 
every principle of justice, or of humanity, or right. 

The chi(!fs remonstrated against such a course, and asked that 
the council should be adjourned, as their fields were suffering for 
the want of being harvested ; but this was refused, and they were 
told that the question would be left open to obtain a majority of their 
signatures at his room elsewhere, whenever he could obtain the 
signatures, if they were refused in council. 

Things continued in this way until the 28th of September, in the 
same year, when the assent of the chiefs was laid upon a table for 
signatures. The chiefs insisted that the protest of the chiefs against 



[ H5 ] 

the treaty and the amendments should also be witnessed by the 
commissioner, which was refused by the commissioner, but General 
Dearborn witnessed it. The assent was then signed but by sixteen 
of the chiefs, and sixty-four chiefs signed the protest. The com- 
missioner then adjourned the council for the day, and went to his 
own room and lodgings. Thus was the question disposed of " in 
council," in the manner prescribed by the resolution of the Senate 
of the United States. 

The council being over, as to the above object, Mr. Gillett con- 
tinued to use his private influence to obtain other signatures, and, 
having failed to do so, he tried what a compromise could efl'ect. He 
first offered a nominal rent for the Senccas to give for their farms 
for ten years. This was refused. Fie then offered that the Senecas 
should have two life leases for each family upon the farms, which 
was also I'ejected. The commissioner then, upon the 2d of October, 
adjourned the council to the 15th of November, 1838, and the said 
council was never called ; and Mr. Gillett afterward informed some 
of us that he had instructed the sub-agent not to call the council 
again. 

During all of this time the United States commissioner, to the 
degradation of the Government he represented, remained in the city 
of Buffalo and the adjacent towns, calling upon the chiefs indivi- 
dually and secretly to obtain their signatures to the pretended treaty. 
The Tonewonda chiefs whom he visited, unanimously rejected his 
solicitations, and would not be influenced by his threats or his 
offers. During all of this time, the commissioner was engaged as 
above, in his shameful course, and left Buffalo upon the 28th of 
December, 1838, without giving notice of his departure. How far 
he succeeded in obtaining in this improper way, to say no more of 
it, any additional signatures, the undersigned cannot say, but fear 
he may have done it, as it appears by document P, which we annex 
to this statement, that at least five of the chiefs were imposed upon 
to obtain their signatures. 

If required, we can produce many other facts to show the fraudu- 
lent and unjustifiable course pursued in regard to the treaty, now 
so called, which is laid before you. 

We also state that Charles Greybeard, John Hutcheson, and 
Charles F. Pierce, whose names are affixed to the said treaty, aro 
not chiefs, but only warriors of the Seneca nation ; and the impo- 
sition of their names as chiefs is a fraud upon the country. We 
are informed, and so can prove, that these men were created chiefs. 
One of the chiefs, at present in Washington city, and who is in 
favor of the treaty, informs us these three warriors were so created 
by the sub-agent for the occasion. Neither is John Gordcn a chiel 
of the Seneca nation. 

Should the Senate, in the teeth of these facts, and in opposition 
to every princiole of justice, not listen to our protest, all that we 

13 



[ 146 ] 

can do, is to repeat, in that event, tlie proposition made by our/;re- 
dccessors last year, which is as follows : " that a survey of our 
lands may be made, and the lines run and distinctly marked, and 
that an equitable division of our lands may be made among those 
who wish to go, and those who are resolved to remain where they 
are, so that each one may be at liberty to dispose of his share or 
portion, or to keep it and remain as he pleases," 

III the fairness and justice of this last and conditional request, we 
feel satisfied your honorable body will concur. 

We also submit, with this statement, the affidavit oi John Ken- 
nedy and Daniel Two Guns, showing that our documents were 
stolen from us on our way to the city of Washington. The docu- 
ments were, to wit : the protest of the sixty-four chiefs opposed to 
Uie treaty and the amendments, witnessed by General Dearborn, a 
copy of which we were told is in the JJar Dejmrtment, and, if not 
sent to you, we ask you to call for it; also, more than a dozen af- 
fidavits of the chiefn and warriors of our nation, exposing thefrauds 
practised upon us by tiie following persons, viz. : H. B. Potter, 
Esq., 0. Allen, Doctor Wilcox and Horace Jones, sub-company 
of the Ogden Company, and by James Slryker, the Sub-Indian 
agent, also the affidavit of John Snow, a chief, containing $100 in 
bank bills enclosed, substantiating the facts therein stated. 

We most respectfully urge upon your honorable body a speedy 
decision and action upon our case. We are instructed by those we 
represent to say that we have every confidence in the justice, mag- 
nanimity, and wisdom of the great nation of ihe United States, to- 
wards whom the Senecas cherish the best feelings of friendship, 
and that, having this confidence, the Senecas rely upon justice from 
your decision in the case now before your honorable body. 

These matters and things are respectfully submitted by us, the 
delegation of the Seneca nation of Indians. 

ISRAEL JEMISON, his x mark. 
SENECA WHITE, 
MARIS B. PIERCE, 
JOHN KENNEDY, Jr. 
Washington City, D. C, February 7, 1839. 



P. 

We, the undersigned, chiefs of the Seneca nation, having, for 
certain reasons, been induced to sign a paper of some description, 
the purport of which we are ignorant of, fearing the same may be ta- 
ken as our voluntary assent to the amendments, hereby inform you, 
as the superintendent on the part of Massachusetts, not to sanction 
such act, as it was not our intention, by signing such paper, to cut 



[ H7 ] 

ourselves off from accepting or rejecting said amendments in open 
council. 

Sky Carrier, his x mark. 
Tall Peter, x 

Long John, x 

John Snow. 
Little Johnson, x 
Supposed (drunk at the time) he signed, as he is told that he 
did. 

I hereby certify, that I wrote the names of the signatures to the 
above notice, and saw each person put his cross or mark opposite 
his own name. 

Dated this 27th day of September, 1838. 

MARIS B. PIERCE. 
Secretary of the Seneca nation. 

I hereby certify, that the above is a correct copy of a paper 
which I saw M. B. Pierce hand to the superintendent on the part 
of Massachusetts. 

Dated this 27th day of September, 1838. 

S. G. HEACOCK. 



[ 148 ] 



-4. list, containing the number of women and children, warriors 
and chiefs, of the Seneca nation, residing within the hoitiidaries 
of the Buffalo Creek reservation; comprisiiig all those iidio are 
opposed to emigration, and must be represented by their chiefs 
in council assembled. 

Those marked with an astei isk (*) have died since the payment of the last annuity. 





Women 






Heads of Families. 


ar 


d 


Warriors. 


Chiefs. 




-hildren. 






Little Joe 


1 




Little Joe 
George Little Joe 
John Little Joe 




George Billy 


3- 


-r 


George Billy 




Benj. Jonny John 






Bcnj. Jonny John 


Edwd. Jonny John 


Joel Hemlock 


5 




William Hemlock 
Joe Hemlock, jr. 


Joel Hemlock 


Squaw Fishook 


4 




Fishhook 
Young Fishhook 




Little George 


5 




Little George 




Philip Kenjockety 


3— 


-1* 


Philip Kenjockety 
Joe John 
Jim Philips 
Henry Philips 
John Philips 
John Bennett 




Doctor Jake 


1 




Doctor Jake 
Captain Cook 
John Blinky 




Jonny John 


7 






Jonny John 


John Hemlock 


1 




John Hemlock 
Reuben Wheelbarrow 




Tommy Jemmy's wife 


4- 


-1* 






Henry Wood 


1 




Henry Wood 
David Stevens 




Billy Jones 


3- 


-1* 


Billy Jones 
Thomas Jones 
George Jones 




Jacob Bennett 


5- 


-1* 


Lewis Bennett 
John Bennett 
Hanover Bennett 


Jacob Bennett 


Betsey Bennett 


4 








Peter Johnson 


3 




William Johnson 


Peter Johnson 


(Je Ge 


6- 


-1* 


John WellfeU 




Thomas Hemlock 


8- 


-2* 


Thomas Hemlock 




Andrew Snow Sifters 


2 








Adam Doxtalor 


4 




Henry Moses 


Adam Doxtator 
Jack Doxtator 


Widow Fishhook 


7 




George Crooked 
Adolphus Blinky 
John Blinky 
Charles Jimeson 





[ 149 ] 





Women 






Heads of Families. 


and 


Warriors. 


Chiefs. 




children 






Gr-noh-gwh-o 


2 






Oh-weh-seh 


5 






George Moses 


4 


George Moses 
Thomas Doxtator 
William Doxtator 




Jake Quave 


5 


Jake Quave 




Jack Kenjockety 


3 


Jack Kenjockety 




Sken Joh 


5 


Sken Joh 




Thomas Beaver 


5 


Thomas Beaver 
Young Beaver 
John Doxtator 
Young Squirrel 




John Hudson 


5 


Hemlock Carrier 


John Hudson 


John General 


1 


Jonas General 


John General 


John Look 


1 


John Look 
Peter Snow 




Thomas Snow 


2 


Thomas Snow 




Grs-gwi u 


2 


Grs-gwi-u 
Isaac Thomas 




Black Squirrel 


5 


Black Squirrel 




Gr-eke dyrs 


3 






John Green Blanket 


8 


James Green Blanket' 


John Green Blanket 






G. Green Blanket 


Geo. Green Blanket 






David Green Blanket 




George Lindsey 


4 




George Lindsey 


Anthony Wayne 




Anthony Wayne 
Robert Silverheels 




John Blinky 


2 


John Blinky 




John Strong's wife 


4 


John Strong 
Moses Crow 
John Crow 




Jack Jonny John 


2—2* 




Jack Jonny John 


Jesse Jimeson 


2 


Jesse Jimeson 




Da-gr-a-o-dr-ga 


4 


Da-gr-a-o-dr-ga 




(J. Jimeson's wife) 








Young Squirrel's wife 


3 






Mrs. Jack Berry 


3 






Sky Carrier 


12—3* 


John Dana 


Sky Carrier 
John Mitten 


James Mitten 


3—1* 


James Mitten 




Jr-gi-aeh 




Ji gi aeh 
0-nonk-da 




Elijah Cayuga 


2 


Elijah Cayuga 
William Cayuga 
Isaac Jonny John 
Gilman Clark 
John Johnny John 


1 
! 


Joseph Dudley 


o 


Joseph Dudley 




Tommy Jimmy 


2 


Tommy Jimmy 
13* 





[ 150 1 





Wiinien 


Heads (if Families. 


and 




children 


Thompson Cayuga 


.) 


Amos Blinky 


3 


^Vm. Mature 


4 


Deh-gui-and 


3 


Hr-wcli doll 


4 


Gr-yr-sont-hoh 


4 


'Shah-da-vvrs 


2—4* 


John Joshua 


2 


V/m. Elhck 


8—1* 


Tall John 


7-2* 


John Strong 


4—1* 


Big Keltic's parti/. 





Jacob Big Kettle 
Big Kettle 
Mary Crow 
Samuel Wilson 

John Seneca's wife 
Isaac Jonny John 
Seneca White 

Wm. Seely 
Mrs. Strawton 
Old Peggy 
Charles Seneca 
Jonah Strong 
Mrs. .Armstrong 
Harry Two Guns 

Saul Logan 
Mrs. Crow 
Young Farmer 
Baniel Two Guns 
William Jones 
Sam Jimeson 
Joel Sundown 
Peter Sundown 

\V. Tall Chiefs wife 



William Krouse 



I 7 



6—5 



3—1' 



-V 



1-1* 

3—1* 

4-1* 
13 



Warriors. 



George Washington 
Thompson Cayuga 

William Mature 

George Crow 



Big Chief 
Wm. Ellick 
Jim Billy 
Tall John 
Orlando Tall John 
Steven Tall John 
John Strong 



Jacob Big Kettle 
Old Dickie 

Elijah Wilson 
Peter Wilson 
Lewis Seneci 
James Isaac 
Richard White 

Wm. Seely 

James Harris 
Charles Seneca 



Cephas Two Guns 
George Two Guns 

Jasper Crow 
Young Farmer 
Shah-go-gwh-not 

Sam Jimeson 
Joel Sundown 
Peter Sundown 
Larenzo Sundown 
Wm. Tall Chief, jr. 
Alexander Tall Chief 
George Tall Chief 



Chiefs. 



John Joshua 



Big Kettle 
Samuel Wilson 



Isaac Jonny John 
Seneca White 
David White 



Jonah Strong 
Harry Two Guns 
Saul Logan 



Daniel Two Guns 
William Jones 



William Krouse 



[ 151 ] 





Women 






Heads of Families. 


and 
children. 


Warriors 


Chiefs. 


Polly George 


3—1* 


Moses Yellow Blanket 




Young Button 


4 


Young Button 
John Button 
David Button 


Mark Charles 


VVilliam Harris 


7 


William Harris 




Ge-nake-ho 


8 


Ge-nake-ho 




John Wilson 


4 






William Cass 


9 


Ge Buck Johnson 
Wm. Johnson 
Peter Johnson 
George Johnson 


VVilliam Cass 


Naah-sr-geh 


7 


Naah-sr-geh 




Ab'm Twenty Canoes 


3—2* 


Thomas Bishop 
Ab'm Twenty Canoes 




Rose Jimeson 


2—1* 






John Jacket 


5 


John Jacket 
Sylvester Lay 
Moses Lay 




Major Camp 


5—1* 


Major Camp 




Nah-gone-de 


5—1* 






Ho-nyah-geh-deh 


5—1* 


Ho-nyah-geh-deh 
Hoh-ych sat-hoh 




George Washington 


4 


George Washington 
John Dickie 




Gerry Smith 


4 


Gerry Smith 




Wm. King's wife 


3 






John Balden 






John Baldwin 


George Kenjockety 


4 


George Warrior 
Moses Kenjockety 


George Kenjockety 


Jackson's wife 


5 


Ge-noh-hoh 
Jake Shongo 
John Shongo 
Filmore Jackson 




John Kennedy 


4 


Charles Kennedy 


John Kennedy, sen. 
John Kennedy, jr. 


John Tall Chief 






John Tall Chief 


John Bark 






John Bark 


Little Blacksmith 




Little Blacksmith 




Da-gr-nyeh-sos 


2 


Da-gr-nyeh-sos 




Nancy White 


5—3* 






John Snow 


5 


Philip Snow 


John Snow 


James Spring 


6 




James Spring 


Jabez King 


2 


Jabez King 




Wm. Logan 


2 


Wm. Logan 




Fanny Bridge 


2— 2« 


Andrew Fox 




Gr-he-yeh 


3 






John Mason 


1—2* 


John Mason 




Black Squaw 


4—1* 







[ 152 ] 

John Kennedy, jr., and John Hudson, being duly sworn, depose 
and say, that they have inquired of every person accounted in the 
foregoing list, and they have severally told them that they were 
opposed to emigration to the west, and to the sale of their lands to 
the Ogdcn Company ; and that they have made out the foregoing 
list and know it to be correct, and lurther say not. 

JOIIiM KENNEDY, Jr. 
JOHN HUDSON. 
Subscribed and sworn before me, this 31st dav of August, A. D. 
1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



We ha\'o taken no census of the emigration party the present 
summer, but will only send a copy taken last year, as they have 
refused to give their numbers. 

JOHN KENNEDY, Jr. 



George Jimeson 


10 


Little Johnson 1 


Thomas Jimeson 


7 


William Tall Chief 1 


James Stevenson 


6 


John Jimeson 1 


Jabez Stevenson 


6 


Tommy Jimmy 1 


Job Pierce 


4 


John Wilson 1 


Captain Pollard 


4 


Andrew Snow 1 


John Seneca 


4 


James Stevenson's sister 2 


John Bennet 


1 


Edward Johnson 3 


Tall Peter 


1 





John Hudson, being duly sworn, deposcth and saith that the 
facts set forth in the within instrument are true; and further saith 
not. JOHN HUDSON. 

Subscribed and sworn before me, this 31st dav of .\ugust, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds j^or Erie county. 

John Kennedy, being duly sworn, deposeth and saith that he, 
with Hudson, attempted to take the number of the emigration party 
for the year 1839, but that they could not do so, on account of the 
refusal of the heads of families to give their numbers ; and further 
saith not. 

JOHN HUDSON, 
JOHN KENNEDY, Jr. 
Subscribed and sworn before me, this 31st day of August, 1839. 

IL A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ 153 1 



•i census of Seneca Indians residing on the Alleghany reservation, 
who are opposed to selling their lands, and removing to the 
ivest. 





.=o 


00 




Children. 


Heads of families. 




<a 








1 


'a 

1 




Tunis Halflown 


1 


1 


1 


1 




Owen Blacksnake 


1 




1 


2 




David Halftown 




1 


3 


1 


2 


John Sampson 




1 


1 


1 




Governor Blacksnake - - - 


1 




2 


4 




Robert Watt 


1 










William Patterson 


1 


2 


1 


2 


3 


Big Snow 




1 


3 


2 




Jackson Curry 




3 


3 


4 




William Halftown 




1 


1 


1 




Joseph Harris 




3 


3 






John Logan 




1 


1 






Abraham Halftown 




1 


3 






George Jacobs ... 




1 


1 


2 




John Jacobs - - - 




3 


1 






William Readeye 




2 


4 


7 




David Dowdy - - 




1 


1 






Amos Readeye 




1 


1 


1 




John Halftown 




1 


1 






George Billy 




2 


1 






Billy Boy ... 




1 


2 






Dodge Fatty 




1 


1 






Alexander John 




1 


1 


2 




Jacob Fatty ... 




1 








John Watt 




1 








Jesse Killbiick . . . 




1 


1 






John Cheeks 




1 


1 






William Logan 




3 


2 




2 


Jacob Robinson . . - 




1 


1 


1 




George Robinson 




1 


2 




2 


Henry White ... 






1 


1 


2 


Jonathan Titus ... 




2 


2 


1 


1 


Thomas Jacobs 




2 


2 


2 


1 


Little Philip 




2 


2 




1 


Amos Thompson 




1 









[ 154 ] 







1, 

t 




Children. 


Heads of Families. 


1 




James Jimison 




1 








James McCurry 




1 


2 


3 


1 


John Gordon 


1 


2 


4 


3 


2 


Joseph Snow ... 






1 


1 


1 


Betsey Dowdy 






2 






William Bone 




1 


1 




1 


John Pierce 


1 


3 


2 






Benj. Pierce ... 




1 


1 


\ 


4 


Simeon Pierce ... 




2 


1 


1 


1 


Sky Pierce ... 
Robert Pierce 


1 


1 
1 


2 
1 


1 




James Pierce 


1 




1 


2 


2 


Holiday Jackson 




3 


2 


1 


2 


William Armstrong 




1 


1 


1 


1 


Silas Grouse ... 






1 


3 


1 


Charles 0. Beal 


1 


4 


7 


1 


4 


John Logan, Esq. 
Abraham Silverheels 




2 

2 


4 

1 


1 


3 


George Blacksnake 
Moses Pierce 


1 


1 
4 


3 

2 


1 


1 
3 


William 0. Beal 




2 


1 


2 


4 


Old Logan 




2 


1 


1 




William How 




1 


1 




3 


John How . , . 




3 


3 






John ('ornfield 




1 


1 






James Jacobs ... 




1 








John King 




1 








Horace Jimeson 




1 


1 






Thomas Halftown 




1 


1 




1 


Joseph Snow 




1 








James John 




1 








Jacob Bhicksnake 


1 




5 


2 




James Shongo 


1 




3 




1 


John Jimeson 




1 


1 




5 


Simon Strong 




1 


1 


1 




Isaac Jimeson 




1 


5 


3 


2 


Captain Isaac 




1 


1 




1 


Jacob Shongo 


1 


1 


1 


3 


1 



[ 155 ] 



Children. 



Heads of Families. 






Ezekiel Sliongo 

John Johnson 

Simeon Jolin 

Old Sunfish 

Jacob John 

John Hibbard 

John Shongo 

John Snider 

Samel Jones 

Benj. Hudson 

Eli Shongo 

Peter John 

Old Bucktooth 

Jesse Plummer 

Isaac Jimeson 

Jacob Tailor 

Charles John 

Long John 

Jacob Jimeson 

John Logan 

Tanty Jimeson 
Peter Jimeson 
Robert Gordon 
Jacob Fatty- 
David Snow- 
Old Fatty 
George Gordon 
John Fatty 
Josiah Harris 
Joseph Shongo 
Isaac Halftown 
Johnson Jimeson 
David Shongo 
George Killbuck 
Doctor Jimeson 
Eli Jimeson 
David Killbnck 
Brooks Redeye 



1 
1 

2 
2 
2 
1 
1 
2 
3 
3 
3 
2 
3 
2 
1 
2 

1 
2 

1 

1 

5 

1 

1 

1 

1 
1 
1 
2 
1 
1 
2 
1 
2 
3 
1 
1 
3 



1 
1 
1 

2 
2 

3 
4 
3 
2 
1 
3 
1 
1 
4 
1 
4 
3 

3 

3 

1 

3 

1 

1 

5 

3 

2 

1 

2 

1 

1 

5 

4 

1 

1 

3 



[ 156 ] 



Heads of Families. 



Children. 



^ 



Peter Halfwhite 
Samuel Able 
William Logan 
John Lewis 
Joseph Jimeson 
Captain Strong 
John Redeye 
Jackson Shongo 
Big Kettle 
Billy Dowdy 
James Redeye 
George Titus 
John Titus 
Billy Dowdy, 2d 



Total. 



19 177 218 133 129 



We, the undersigned, hereby certify, that we were appointed by 
the chiefs and headmen of the Seneca nation of Indians residing on 
the Alleghany reservation to number tho Seneca Indians residing on 
said reservation who are opposed to selling their lands and remov- 
ing to the west. Now, therefore, in pursuance of said appoint- 
ment, we have completed said census, and that the above list is true, 
in all respects, to the best of our knowledge and belief. 

Given under our hands at Alleghanj' reservation, in the county of 
Cattaraugus, this 22d day of August, 1839. 

ARIEL WELLMAN, Jr., 

Commissioner of Deeds. 
LEWIS P. TIIORP, 

Justice of the Peace. 
Cattaraugus county, ss. 

John Gordon, being duly sworn, deposeth and saith : Although 
he has signed the treaty, he is now opposed to selling and remov- 
ing to the west, for the reason that his family and relations, togeth- 
er with those on the Alleghany reservation, are much averse to the 
measure ; and, also, that he has been deceived, and, as he terms it, 
cheated, into the measures and the proceedings of the agents. And 



[ 157 ] 

in the sight of God, I feel I have done wrong, and now wish to re- 
call all I have done in relation to the treaty. 

his 
JOHN X GORDON, 
mark. 
Sworn and subscribed before me, this 22d day of August, 1839. 

ARIEL WELLMAN, Jr., 
Commissioner of Deeds, <5*c- 

CATTARAtJGUS CoTJNTY, SS. 

Long John, a chief of the Seneca nation of Indians, being duly 
sworn, deposeth and saith : That some time in the month of Janua- 
ry last, to the best of his recollection, he signed ^the treaty for sel- 
ling Indian lands and removing to the west : said signature was 
done at the Eagle Tavern, in the city of Buffalo, through the per- 
suasion and misrepresentation of a man, (name not recollected,) but 
who he has since learned and verily believes to have been a pri- 
vate agent for the Ogden Company : said man told me that I should 
receive fifteen hundred dollars for myself, and forty acres of land 
for each of my children during their natural lives, in peaceable pos- 
session on the Alleghany reservation. After considerable reflec- 
tion, he has come to the conclusion that the inducement held out 
by said man will never be realized by the Indians, and that now he 
is utterly opposed to selling out and removing to the west. 

his 
LONG X JOHN. 
mark. 
Sworn and subscribed before me, this 22d day of August, 1839. 

LEWIS P. THORP, 

Justice of the Peace. 
State of New York, Cattaraugus county, ss. 

Jacob Jimeson, a chief of the Seneca nation of Indians, residing 
on the Alleghany reservation, being duly sworn, deposeth and saith : 
That through the representations of some of the older chiefs that 
he thought knew more than himself, and the promises that his chil- 
dren should remain on the improvements he now owns, also two 
thousand dollars, one hundred of which was to be paid immediately 
on signing, he, therefore, was induced to sell. The one hundred 
has not yet been paid, and believes the other promises equally false 
and deceptive. Also, his connexions and all on the reservation be- 
ing opposed to selling and removing to the west, he therefore de- 
clares that he is now opposed to selling or emigrating to the west. 

his 
JACOB X JIMESON. 
mark 
Sworn and subscribed before me, this 22d day of August, 1839. 

LEWIS P. THORP. 

Justice of the Peace. 
14 



[ 158 ] 

State of New York, Cattaraugus county, ss. 

I, Francis E. Baillet, clerk of the Court of Common Pleas of the 
county and state aforesaid, do hereby certify, that Lewis P. Thorp 
is a magistrate, and Ariel Wellman, jr., is a commissioner of deeds 
as within, and that the foregoing signatures purporting to be theirs 
are genuine. 
Civen under my hand and the seal of said county the 23d day of 

August, 1839. 

FRANCIS E. BAILLET, Clerk. [ l. s. ] 

The undersigned, chiefs of the Seneca nation, residing on the 
Tonewonda reservation, being duly sworn, depose and say, that 
the number of warriors living on said reservation is one hundred 
and thirty, and that the number of women is one hundred and forty, 
and that the number of children is two hundred and fifty-nine ; and 
further depose and say, that it was stated at Cattaraugus in council, 
that there had been threats made to deter chiefs from signing a 
treaty : we have made no such threats. 



Jimmy Johnson 


X 


Jesse Spring 


X 


Black Smith 


X 


James Williams 


X 


Black Chief 


X 


Samuel Parker 


X 


Blue Sky 


X 


Winn Washington 


X 


John Luke 


X 


Isaac Shanks 


X 


John Sky 


X 


Daniel Spring 


X 


Stiff Knee 


X 


Lewis Canada 


X 


John Bigfire 


X 


Lewis Poodry 


X 



Subscribed and sworn, this 22d day of August, 1S39, before me. 

ELIAS PRATT, 
Commissioner of Deeds for Genesee county. 
State of New York, > 

Genesee county, ^ 

I do hereby certify that Elias Pratt, before whom the annexed 
instrumentin writing was sworn, was at the time of taking such affi- 
davit, a commissioner of deeds in and for said county, duly au- 
thorized to take the same. And that I am well acquainted with 
his handwriting, and verily believe that the signature to said certifi- 
cate is genuine. 
In witness whereof, I have hereunto set my hand and affixed my 

[ L. s. ] official seal at Batavia, in said county, this 24ih day of 

August, 1839. 

H. U. SOPER, Clerk of Genesee county. 



C 159 ] 



T%e following is a list of persons belonging to the Seneca tribe of 
Indians, residing on the Cattaraugus reservation in Erie 
county, New York, toho are opposed to the treaty and to emi- 
scration. 



Heads of families. 


i 




f 




^2J ^ 
2'S 




•« 
S 


1 


1 




SI 


James Turkey 




2 


1 


3 


6 


Paul Peter 








1 


1 


3 


5 


James Eels - 








1 


1 


1 


3 


William Scott 








2 


1 




3 


George Turkey 






1 




1 


3 


5 


John Turkey 










1 


1 


2 


William Mohawk 








1 


1 


1 


3 


John Shanks 








3 


3 


4 


10 


John Thompson 










1 


2 


3 


Johnson Doctor, 








1 






1 


Jones Snow - 








1 


1 


3 


5 


John McKee 








1 






1 


George Halfwhite 








1 






1 


John Cook 






1 


1 


4 


4 


10 


Henry Jacobs 








3 


3 


5 


11 


John Jonas 








1 


1 


1 


3 


George Deer, 






1 


1 


2 


4 


8 


John Seneca 








1 


1 




2 


Isaac Davis 






1 


3 


2 


1 


7 


Joseph Snow 






1 


1 


1 


5 


8 


John Dickey 






1 


1 


1 


2 


5 


Young Jackson 








2 


3 


10 


15 


John Titus 








1 


3 


3 


7 


Jack Snow's widow 










4 


4 


8 


Joshua Turkey 








1 






1 


John Andiron 








3 


I 




4 


Stephen Silverheels 








3 


2 


2 


7 


Johnson Halftown 








1 


1 




2 


Watson Pierce 








1 


1 


4 


6 


Morris Halftown 






1 


2 


3 


1 


7 


Solomon W. Lane 








2 


2 


1 


5 


Jacob Johnson 




■> 


1 


2 


3 


1 


7 


George Green 




". ■» 




3 


2 


1 


6 



[ 160 ] 



Heads of families. 






Israel Jemison 
George Dennis, 
William Dennis 
Abraham John 
George Jimeson 
Young Chief 
Jimmy Cornplanter 
Samuel Gordon 
John Halfwhite 
Joseph Silverheels 
Franklin Crow 
George Jacobs 
Gardner York 
John Dennis 
Thomas Runner 
Henry Johnson 
Oliver Silverheels 
Solomon Green 
Peter White 
John Spruce 
John HalftowM (Pigeon) 
Big Chief 
John Porcupine 
Nancy Big Chief 
Abram Halfwhite 
George White 
Wallace Kins 
John Blue Sky 
Sacket Warrior 
William Snow 
Levi Halftown 
Solomon Obail 
William Blue Sky 
Charles Smoke 
Davis Isaac 
John Mohawk 
Captain Thompson 
Jack Doctor 
Joseph A. Sandford - 



[ 161 ] 







60 




si 




Heads of families. 


i 












•r»> 


55 


.o 






d 


^ 


^ 


s 




George Halfvvhite 










1 


Henry Snow 






2 


1 


4 


George Thompson 










1 


Henry Silverheels 






2 




3 


Lafayette Brooks 










1 


Whole number - 


20 


115 


126 


168 


429 



The following is a list of persons, belonging to the Cayuga tribe 
of Indians, residing on the Cattaraugus reservation in Erie 
county. New Fork, who are opposed to the treaty and to emi- 
gration. 



Heads of families. 




00 

O 
•pa 


1 


g 

>-■ 

O 


11 


James Turkey ... 
John Turkey 


1 


1 




1 


1 

2 


John Seneca ... 






2 


2 


4 


Ann York ... 






1 


2 


3 


Charles Cooper ... 
Abram John 




1 


1 

I 


1 
2 


3 
3 


Gardner York 




1 






1 


John White 




1 






1 


Whole number 


1 


4 


8 


18 


18 



We were unable to get a census of those who we supposed were 
in favor of emigration, as they were unwilling to give any account 
of their families ; but from the best account we were enabled to get 
from the census of last fall, there are about 64. 

E. M. PETTIT, 
J. N. HILLMAN. 
14* 



[ 162 ] 

Cattaraugus county, ss. 

John M. Mason, of Cattaraugus reservation, being duly swomv 
deposes and says : That the foregoing lists are a true statement as 
made by the heads of families, chiefs, warriors, and women, as in- 
terpreted by me to Joseph N. Hillman and E. M. Pettit, of the 
number of each family ; and that he gave a true interpretation of 
the statements of heads of families to the aforesaid J. N. Hillman 
and E. M. Pettit as to their opposition to the treaty and to emi- 
gration. 

JOHN M. MASON. 
Sworn before me, this 24th day of August, 1839. 

E, M. PETTIT, J. P. 
Cattaraugus county, ss. 

Joseph N. Hillman, of the county of Eric, N. Y., having duly 
affirmed, says the foregoing lists are a true account of the state- 
ments of the several heads of families, as interpreted to him and E. 
M. Pettit by the aforesaid John M. Mason on the 22d, 23d, and 
24th days of August, 1839. 

J. N. HILLMAN. 
Affirmed before me, this 24th day of August, 1839. 

E. M. PETTIT, 

Justice of the Peace. 
Cattaraugus county, ss. 

E. M. Pettit, of the said county, being duly sworn, says, that the 
foregoing lists are a true account of the statements of the several 
heads of families, as interpreted to me and Joseph N. Hillman by 
the aforesaid John M. Mason, on the aforesaid 22d, 23d and 24th 
days of August, 1839. 

E. M. PETTIT. 
Sworn before me, this 24th dav of Ausust,, 1839. 

ALONZO FRAIRY, 

Commissioner of Deeds. 

27th Eighth 31onth, 1839. 

Esteemed Friends — I enclosed for you the copies of the con- 
tracts, and had them mailed in a double letter yesterday at Irving. 
I saw O. Lee the day I took Friends to Fayette : he did not give 
much encouragement about taking them soon, excepting I could get 
them there in two days, which I could not do. The census here 
enclosed does not agree with the one taken a few weeks ago. At 
that time many of the Indians were off to other reservations and 
hunting ; wo made no account of those we could not find. We have 
taken every pains in taking these. I shall send the originals of the' 
census to J. R. Poinsett, and also of Sam Gordon's and Morris 
Halftown's affidavits. 1 directed the copies of the contracts to Ro- 
bert Ilicks, New York. 

Nothing very particular has occurred since you were here, to my 



[ 1G3 J 

knowledge. Dr. Wilcox has taken much pains to inform the people 
that Friends' station hero is a money-making concern to them, but 
people generally do not believe him. I think of leaving Jane Car- 
penter's shawl with O. Lee this day, directed to thee — I do not 
recollect T. Carpenter's direction. Thy friend, 

J. N. HILLMAN. 
S. Smith. 



The following is a list containing the number of chiefs, warriors, 
women, and children, of the Cayuga nation of Indians, residing 
on the Buffalo Creek reservation, composing a large majority 
who are opposed to emigration . 



Heads of families. 




2 






"^^ 
« 




•^ 
S 


1^ 




S 


g 


Joseph Isaac . . . 


1 


1 






4 


Jack Wheelbarrow ... 


1 


2 






3 


Alexander Dun 




1 


5 


3 


9 


Sammy Jimmy 




2 


1 




3 


Cayuga Joe 




2 


2 


1 


5 


Philip Snow ... 




1 






1 


Miss Sally Sky Carrier 








1 


2 


Mrs. William Jacket 








1 


2 


Mrs. Sally Two Guns 








2 


3 


Mrs. Polly Johnson 








2 


3 


Jacob Jackson . . - 




1 






2 


Smith Wheelbarrow 




1 


3 


2 


6 


Peter Wilson ... 


1 


2 






3 


Harvey Rowe 




4 


1 


3 


8 


Total 


3 


17 


19 


15 


54 



John Crow, Thomas Crow, Ghastly Darkness, and Jacob G. 
Seneca, signed the assent to the amended treaty, as chiefs and 
headmen of the Cayuga nation, which was presented to the Senate 
by R. H. Gillett. 

Thomas Crow, an emigration warrior, in his speech to the Secre- 
tary of War in behalf of the emigration party of the Cayuga nation, 



[ 164 ] 

said there was but one chief signed the amended treaty, besides a 
few of the warriors ; which was the honest fact. 

Jacob G. Seneca and Joseph L. Peter were elected chiefs by the 
Six Nations, at the Six Nations council-house, at the Onondago vil- 
lage, on the 17tli of July, A. D. 1839. Jacob G. Seneca was not a 
chief at the time he signed the amended treaty. 

PETER WILSON. 



The following is a list confaining the number of chiefs, warriors, 
women, and children, of the Cayuga nation of Indians residing 
on the Buffalo Creek reservation, composing a minority who 
are in favor of emigration. 



Heads of families. 




O 

1 


1 






Jacob G. Seneca 

Joseph L. Peter 

Snow Darkness 

Miss Nancy Wheelbarrow 


1 
1 


1 
1 


3 
2 

1 


4 
3 


8 
7 
1 
1 


Total .... 


2 


2 


6 


7 


17 



Ghastly Darkness has signed for and against the amended treaty. 

PETER WILSON. 
Buffalo Creek Reservation, Sept. 2, 1839. 

Peter Wilson, a chief of the Cayuga nation of Indians, residing 
on the Buffalo Creek reservation, being duly sworn, deposeth and 
saith, that he hath seen and inquired of all the persons included in 
the foregoing enumeration, and knows that it is a correct exhibition 
of the comparative strength of the two parties, and that it includes 
all the Cayugas resident on the Buffalo Creek reservation ; and fur- 
ther saith not. 

PETER WILSON. 
Subscribed and sworn before me, this 2d September, A. D. 1839. 

H. A. SALISBURY, 
Comm,issioner of Deeds for Erie county. 



[ 1G5 ] 

[ No. 11 ] 

A. WRIGHT'S LETTER. 

To the Committee of delegates from tluthe three Yearly Meetings 
of Friends of New York, Genesee, and Philadelphia : 

Gentlemen: Your note desiring information relative to the 
means used to effect a treaty with the New York Indians, should 
have been answered before this, but ill health and numerous calls 
to attend upon the sick, added to the customary and indispensable 
engagements of my station, have made the delay necessary. In all 
ordinary circumstances I have felt it my duty to abstain from every 
thing which might be construed as interference with the political 
affairs of the Indians, but since, gentlemen, you have been request- 
ed by the President himself to investigate their affairs, and since 
the Secretary of War has, as you state in your note, assured you 
that any correct information on the subject would be acceptable to 
his department, I do not feel at liberty to withhold from you such 
facts as have come to ray knowledge. I must, however, beg leave 
to state, in the outset, that my sole design is to do whatever may 
be in my power to furnish means of information to those officers of 
the United States Government on whom rests the responsibility of 
deciding the fate of the pending treaty. This, every good citizen, in 
whatever situation, ought to feel to be his duty, and should he with- 
hold facts which might have an important bearing on the point at 
issue, and should the Government, for want of knowledge of those 
facts, pursue a course which might bring odium upon itself or ruin 
upon the parties concerned, the blame must assuredly rest on him 
who traitorously concealed the truth needed to prevent such evils. 
I have indeed been accused, by men concerned in bringing about the 
emigration of the Indians, of being an enemy of the Government, 
an opposer of the treaty, &c. But my only opposition has been to 
unfairness and injustice ; and, if I rightly understand human nature, 
an enemy of the Government would be likely to keep quiet and say 
nothing till that unfairness and injustice had been sanctioned, and 
then blaze abroad the proceedings extensively as possible, in order 
to fix the charge of corruption and fraud upon the Administration, 
and bring the Government into discredit with the people. No good 
man can be such an enemy ; still I have my own views of the con- 
sequences to the parties, should the Indians go beyond the Missis- 
sippi. This is every man's right. But the stand I have always 
maintained before all parties, in public and in private, is, if the In- 
dians choose, in view of all the circumstances, to remove, let them 
remove ; if not, let them remain ; and the only acts I have ever al- 
lowed myself to perform in relation to the subject, have been such as 
directly tended to bring out the facts in the case before the proper 



[ 166 ] 

officers of the Government, and were designed to accomplish tliat 
single object, and thus promote the honor of my country and the 
welfare of the Indians. 

With this explanation, I proceed to the main points of inquiry 
proposed in your note. 

1. Have any unfair means been employed to effect the treaty? 
In reply permit me to say, that if, as appeared from statements 

in the memorials of the chiefs forwarded to Washington in March, 
A. D. 1838, certain individuals represented to the War Department 
that the Indians were desirous of emigrating, and on that account 
requested a commissioner to be sent to treat with them, then that 
was unfair in the very outset, for, at that time a very large ma- 
jority, probably forty-nine out of fifty, were strongly opposed to 
emigration. 

2. The fact that the Indians were prevented from making known 
their grievances to the public, savors strongly of unfairness from the 
commencement of their difficulties. They relied upon the integrity 
and generosity of the whites, and believed that if the truth could be 
fully known throughout the country they -should obtain justice. 
Hence they deemed it very important to gain access to the public 
mind through the medium of the newspapers. In one or two in- 
stances in the early part of the struggle, they succeeded in getting 
an expression of their views into one or two of the Buffalo papers. 
This appeared to produce considerable sensation among those who 
were endeavoring to make the treaty, and subsequently the efforts 
of the Indians to procure the publication of any article which might 
aid their cause, in any of the principal papers in this vicinity, have 
been unavailing ; while on the other hand, emigration men could, 
and did get inserted, such things as tended to promote their plans. 
On one occasion Big Kettle called upon me, and knowing that I had 
been severely censured for acting on a former occasion as his aman- 
uensis, said he could not ask me to aid him again, but desired me to 
name some person who might be trusted to draw up an article for 
the press, as they had just before been deceived by one who pre- 
tended to write according to their wishes ; but when the article ap- 
peared in print, it was altogether another thing from what they had 
dictated. A friend of mine, present on a visit, volunteered his ser- 
vices, went to their council, and wrote from the lips of their inter- 
preter, a plain statement of what they considered the wrongs they 
had received from IVIr. Schermerhorn and others, together with a 
full explanation of their views on the subject of removal. The ar- 
ticle was carried to the office of one of the most respectable papers 
in Buffalo, whore an immediate insertion was promised ; but when, 
after considerable delay, it did not appear, the editor was inquired 
of, and he stated that he was unwilling to publish it, for he did not 
see that any good would grow of it, or words to that effect ; and 
similar results followed their subsequent efforts to make their situa- 



[ 167 ] • 

tion known to the community ; and thus the people have been, till 
recently, kept almost entirely ignorant of their wrongs. What 
caused the change in the editor's views, or why other publishers 
adopted a similar course, I am entirely unable to explain ; but the 
fact that they were thus treated was ielt by the Indians to be ex- 
ceedingly oppressive, and strengthened tlieir impression that the 
men of power and influence among the whites were combined to- 
gether, and determined, right or wrong, to push the treaty and get 
rid of them. 

3. The attempt to interfere with the prerogatives of the people, 
in the electing and deposing of their chiefs, appears unfair and op- 
pressive. 

The Indians, from time immemorial, have maintained the doc- 
trine that all power is in the hands of the people. The chiefs, at 
their inauguration, are expressly instructed that their business is to 
provide for the welfare, and execute the will of the people, and that 
whenever they fail or refuse to do this, they are liable at any time 
to be deposed, and their places filled by such as will do it. This 
charge constitutes a part of the public solemn ceremony of inaugu- 
ration, and is fully understood by all. When the mass of the peo- 
ple ascertained that certain of the chiefs were favoring the emigra- 
tion policy, they at once resolved, that, inasmuch as these men had 
violated their national regulations, by pursuing a course contrary to 
the well known and often expressed will of the people, they would 
at once remove them from office. This, according to all law and 
usage among themselves, they had an undoubted right to do ; nor 
had they, in any of their treaties with the whites, sacrificed that 
right. But when they undertook to exercise it, they were met by 
the assertion that the deposed chiefs should be still acknowledged 
by the United States Government, and their rights which they 
pleaded had been guarantied by treaty, be accounted a nullity. 
Whether this was all the pretence of the commissioners and agents, 
in order to force the Indians to acquiesce, and treat with them, or 
whether instructions to this effect were given from the War Depart- 
ment, I know not ; but the Indians were told that it was the decision 
of Government, and it would be useless to attempt resistance ; that 
Government would acknowledge such chiefs as they pleased, with- 
out regard to their proceedings. 

4. Although, compared with other things, it may seem hardly 
worth mentioning, yet as it goes to show the system of means em- 
ployed, it may not be improper to name as unfair and injurious to 
the reputation and interest of those opposed to emigration, the con- 
stant effort to circulate false impressions among the whites, and, as 
has been reported at Washington, also, that the intelligent, respect- 
able and Christian portion of the people were willing to emigrate, 
while the ignorant, wretched pagans, were the only persons who de- 
sired to remain at home. The incorrectness of such impressions is 



[ 168 ] 

best shown by tlic fact that, when it suited their purpose, the emi- 
grationists have represented the churches in the different reserva- 
tions, as so oj)posed to their views as to make them sufficient ground 
for discipline. I behevc we have not, in any of our churches, at- 
tempted, within the last three or four years, to discipline an emi- 
gration man for licentiousness or drunkenness, without having it 
thrown back in our faces that it was on account of his political opi- 
nions. Of the forty-one names appended to the treaty when it was 
carried to the War Office last winter, ^^iteen are professedly pagans, 
and ten only are members in communion with the churches ; two do 
not, to my knowledge, avow a belief in either paganism or Christianity, 
two are theoretically in favor of the latter, and twelve are excommuni- 
cated or suspended church members. Of these twelve, seven were 
subjected to discipline for oifences committed previous to the coming of 
Mr. Gillett, and the remaining five all belong to other reservations, 
and I do not know the date of their offences ; but all were excluded for 
either drunkenness, licentiousness, or sabbath-breaking. Of the ten 
church members, five have had complaints brought against them for 
one or more of the above crimes, but action upon their cases has 
been deferred, because, since the majority of those who must pass 
upon them were political opponents, they would be likely to think 
themselves severely treated on that account. 

Again, 2d. It has been industriously represented that the mass 
of the people were in favor of the treaty, and that only a few pa- 
gans showed any hostility against it. Officers of the Government, 
and men in the service of the United States, are said to have been 
imposed upon in this way, not only when at Washington, but also 
when travelling in the vicinity of ihe Indians ; indivduals connect- 
ed with the purchasing company taking it upon themselves to 
gather around distinguished strangers and visiters and converse wiih 
them, so as to leave the impression that no such thing existed as 
any serious opposition to the treaty. The actual state of the case 
is settled by the census, which, I believe, was taken at your re- 
quest, in order that the truth might be known by the Secretary of 
War. From that census, it appears that, out of 2,422 Senccas, only 
145 are in favor of the treaty ; while 2,277 are opposed to it. I 
have not an ofhcial copy of that census, and the numbers may not 
be perfectly accurate, but the proportion cannot vary much from 
the truth. Thus, it appears thai, after several years of hard labor, 
the purchasers have been able to induce only about one-seventeenth, 
or perhaps one-sixteenth, of the population to espouse their cause. 
If there should be any doubt on this point, a new census might easi- 
ly be taken, in such a way as to preclude the possibility of decep- 
tion, or of any serious error. At least fifteen-sixteenths of the peo- 
ple are hostile to the treaty, and the bitterness of that hostility has 
been for years increasing, with every new aggravation received from 
the other parly. Someiimes the utmost skill and address of their 



[ 169 ] 

old men and others have been put in requisition to prevent violence 
towards those against whom they have been most exasperated. 

Again, 3d. Reports have been industriously circulated among the 
whites, from time to time, that the treaty was ratified ; that the 
President was only delaying its proclamation for political reasons ; 
that the question was decided beyond a doubt; liiat the President 
was only waiting for the excitement among the opposition to sub- 
side a little, &c. ; all tending to make the friends of the Indians re- 
gard their case as hopeless, and to excite in the community an anxi- 
ous expectation of obtaining speedy possession of the Indian lands, 
and thus tosecure^the greatest possible amount of white influence in 
favor of the treaty. The recent visit of the Secretary of War, and 
the cautious, considerate, dignified course pursued by the Execu- 
tive, demonstrates the groundlessness of all such reports. 

But, 4th. The most injurious and aggravating of all these mis- 
representations is that so often urged in public and in private, that 
the Indians are fast degenerating in their present location; that they 
are decreasing in numbers ; inflexible in refusing to adopt the man- 
ners and customs of the whites, and in rejecting the improvements of 
civilized life; becoming more and more intemperate and degraded, &c.; 
and must, therefore, be removed in order to preserve them fromextinc- 
lion. Having lived nearly eight years among them, I have had a 
good opportunity to know the truth on all these points, and I am 
fully satisfied that, apart from the consequences of the treaty-ma- 
king process, there is far less intemperance among them than there 
was seven or eight j'ears ago ; a more settled conviction that they 
must adopt the customs of the whites, and live by agriculture ; a 
far deeper desire for instruction ; much more industry and economy ; 
and a much greater willingness to labor. The treaty has, indeed, 
operated as a great check to improvement. The people have feared 
to build houses and clear up farms, lest, in a little while, strangers 
should enter into their labors. The impression has existed in the 
minds of the pagans, that all the works connected with, and grow- 
ing out of the treaty, are the legitimate results of education and 
Christianity, and thus their ancient prejudices have been strength- 
ened ; party strife has been carried to an extent so great that the 
children of the same neighborhood would not attend school together, 
members of the same church would not commune together, and 
distrust and jealously have, to a great extent, usurped the place of 
confidence and esteem. But, notwithstanding all this, the desire 
for education is increasing; and the chiefs are, at this moment, de- 
vising ways and means to unite both pagans and Christans in a 
vigorous elToit to bring all their children under instruction. More 
provisions have been raised from the soil ; improvements have been 
made in their buildings and in their style of living; and, could the 
fear of being obliged to leave their possessions be once removed, 
there can be no reasonable doubt that they would becorae a thriv- 

15 



[ 170 ] I 

ing, agricultural people immediately. In some neighborhoods the 
population has been steadly increasing ever since I knew them. In 
some years there has been considerable increase in the whole na- 
tion. At other times, in peculiarly unhealihy seasons, there has 
been a small diminution ; but the census shows a slight gradual 
gain for tliree or four years past. In view of all these facts, there 
can be no room to doubt that, were their present discouiagements 
removed, they would shortly become an intelligent, flourishing 
community, prepared, if thai were desirable, to become citizens of 
the State in which they live. This being the case, it seems pecu- 
liarly unfaii, if not cruel, to excite the prejudices of the whites, 
and urge their removal on the ground of those very evils produced 
by the treaty-making operation. 

5. If the design of those who had the control of the Seneca an- 
nuties, in withholding them from the people, was to prevent the In- 
dians from carrying on any effective opposition to the treaty, that 
was unfair and wicked. That the annuities were thus withheld 
while the negotiations were in progress, and that the effecl was 
peculiarly oppressive upon those opposed to these negotiations, 
every one knows, who knows any thing about Indian affairs for the 
last three years. The evil was aggravated by the extreme pres- 
sure in money matters at that lime, and the people found it exceed- 
ingly difEcult to obtain the means of making known their grievances 
to the Government. They were obliged lo borrow money, in small 
sums, of their friends on and around all their reservations, and fi- 
nally failed of getting enough to enable the appointed delegation to 
proceed to Washington, and consequently some of them remained 
at home. This was felt to be peculiarly cutting, inasmuch as the 
small minority in favor of eniigralion, having funds at their com- 
mand, were thus enabled lo sustain, at Washington, a more nume- 
rous and more respectably appearing delegation, than the large 
majority. They came to me in their trouble, and desired my as- 
sistance in borrowing ten dollars for that purpose. They also re- 
quested me to draw up and copy their remonstrances, because they 
could not raise the money necessary for hiring an attorney to do 
their writing. An emigration chief complaining of me for assisting 
them at that lime; I replied: " If you should see a man whose 
tongue had been cut out so that he could not speak, and you knew 
what he wished lo say, would you not speak for him ?" — " I see it," 
said he ; " you are right in helping them." 

6. If there wis collusion between any of the negotiators of the 
treaty and C. R. Gold, who subsequently acted as attorney for the 
Indians, and betrayed them, that was unfair and wicked. I saw 
said Gold with them, acting in their behalf as an opponent to the 
treaty, at several different times. I saw him drawing writings for 
them, and heard him giving them advice as their attorney ; and, ac- 
cording to my best recollection, in the month of August, A Do 



[ 171 ] 

1838, heard liim promise to send certain papers, which he had 
been preparing for them to the War Office within a specified time — I 
believe three or four days : and I know that the Indians confided in 
him as their friend, and suffered themselves to he directed by his 
advice for several months, and they assert, and I suppose no one 
denies it, that, for these services thus rendered, they paid him one 
thousand dollars. A large number of affidavits, and in one in- 
stance a hundred dollars of bribe money, were put into his hands to 
be carried to Washington ; and he was expected to appear as their 
attorney before the Committee on Indian Aff^iirs : but it is said to 
be ascertained, by inquiry at the War Office, that none of the pa- 
pers which he professed from time to time, during several months, 
to forward to the Secretary of War, or to the Commissioner of In- 
dian Affairs, ever reached that office ; and that by application to 
Governor Everett, of Massachusetts, the same is found to be true 
of statements which he professed to have forwarded to that gentle- 
man : while, in respect to the main defence which he was to make 
for them before the committee of the Senate, the bag which was 
put into the hands of one of the chiefs in said Gold's office, as con- 
taining all the papers prepared for that purpose, was found, after 
they h;)d proceed some seventy or eighty miles on their journey to- 
wards Washington, to contain nothing but old clothes, done up in 
packages so as to resemble the size and shape of the packages of 
their papers. Whether there was any collusion between said Gold 
and those concerned in negotiating the treaty, of course I cannot 
say. But two or three times during the several months he was act- 
ing with the Indians, I saw him in Buffalo, engaged in friendly 
and cheerful conversation with certain individuals of the purchasing 
company in such a manner, that the suspicion instantly entered my 
mind that there was a private understanding between them ; but as 
it was only suspicion at that time, without proof, it seemed prudent 
to refrain from communicating my fears, till they were confirmed 
by the conduct above described becoming public. 

7. It is acknowledged on all hands, that but a small proportion 
of the signatures were affixed to the treaty in public council, or with 
the knowledge of the people. It was only by private and often veiy 
secret operations with individuals, that any decent approximation 
towards the necessary majority of signatures could be obtained. 
Whether in negotiating a treaty, after all open public means have 
failed, and the nation treated with has publicly, and as a national 
act, formally refused its assent, and the public negotiations have 
been broken off, then this supplementary private operation with in- 
dividuals, is fair and equitable, I must leave it for men better versed 
in the usages of nations to determine. But if, as some of those thus 
privately operated on have asserted, they were shut up alone with 
those who were urging them to sign, and told that they must not go 
out till they had done so, or if intimidations, either public or private, 



[ 172 ] ♦ 

were employed lo induce them to sign, none will hesitate to pro- 
nounce such means unfair. You will see from several statements 
under oath, in the various affidavits in your possession, and from 
the I'emonstrances forwarded to Washington, and which I think I 
have heard have been printed and circulated among the Friends 
throughout the Union, that there is abundant testimony on this point, 
that, when other motives proved insufficient, appeals were made to 
their fears, both in public and in private. Not having been present 
when any such means were used, I cannot speak from personal 
knowledge, but the papers above referred to, show beyond a doubt, 
that the chiefs were told in council by the conmiissioner, that their 
father the President would punish them if they refused to sign the 
treaty; that he would take away their annuities, take away the 
agency established by Government for their benefit, that the laws 
of the State should be thrown over them, and that they would be 
compelled to emigrate, even though a minority only should sign, 
because the Government was bent on removing them ; and, there- 
fore, they would find it best to submit, and agree to go peaceably. 
They show, also, that individuals were usually urged to sign, on the 
ground that they would at last be compelled to go without a cent in 
their pockets, while, if they would make a bargain and sell their 
signatures now in season, they might go with their pockets full of 
cash, or if they chose, remain at home upon their farms. 

8. The well-known attempt to elect three chiefs in a tavern in 
Buffalo city, in order to obtain a majority by their means, was in 
direct violation of all law and usage among the Indians, and not 
only unfair in itself, but rendered doubly so by the eflx)rt to conceal 
the transaction from the people till the treaty should have been by 
this means ratified at Washington. I believe all the emigration 
party now admit the invalidity of that transaction, and that the 
same men were appointed chiefs by them on the 18th of last July; 
thus plainly showing that in counting the signatures to the amended 
treaty, at least these three names should be stricken off, as the men 
were nothing but common warriors at the time they signed. It is 
worthy of notice, also, in respect to the Cayuga treaty, that Mr. 
Gillett is represented as having stated before the Committee of Indian 
Affairs, last vvmt(!r, that all the signatures were genuine, and the 
signatures of authorized chiefs. You will see from the Cayuga affi- 
davits, that only one of them was a chief. You will also recollect 
that when you were at the council at Cattaraugus, Thomas Crow, 
the organ of the emigration party among the Cayugas, confessed 
the truth to the Secretary of War, by saying that last winter, one 
chief, and a few of the warriors signed the treaty. It is said, 
moreover, that several of these same warriors have since been ap- 
pointed chiefs by their own party, thus demonstrating that, even in 
their own view, they were not chiefs at the time they signed the 
treaty. 



[ 173 ] 

9. Perhaps ii may be proper to name, among the unfair means, 
the constant efTort to conceal all the operations of the treaty-making 
party from the mass of the people, and from the chiefs opposed to 
emigration. The fact that such an effort was made, probably, no 
one will undertake to deny. Mr. Gillett himself would not allow me 
lo see the signatures to the amended treaty, without an assurance 
that I would not divulge them to the people. Some of those who 
signed in secret, have stated that they were previously assured that 
their names should never be known. If they were thus deluded, 
while every person concerned in obtaining their signatures could 
not but know that the papers in the War Office are equally accessi- 
ble 10 the friends and the enemies of the treaty, this was also unfair. 

But it is time to leave this branch of the subject, and speak of 
what will come under the denomination of corrupt means, as you 
have styled them in your note. 

1. Many individuals have been bribed by the otFcr of large sums 
of money, and the lease of their farms during life. In some in- 
stances they were offered deeds of considerable tracts of land, suffi- 
cient to enrich them and their families, if they would sign the 
treaty. You have, I suppose, so much evidence on this point, that 
it will be useless for me to enlarge upon it. These offers may be 
by some regarded in the light of honorable presents to chiefs of dis- 
tinction, as has been usual in former Indian treaties. That this is 
not the fact, will appear from the consideration that honorable pre- 
sents from the Government are made openly as presents ; but these 
secretly, and on the ground of stipulations for the signature of the 
individual. Besides, the price offered has, in one case at least, 
come up to the enormous sum of ten thousand dollars, and in seve- 
ral cases to five or six thousand ; while some were told, that what- 
ever sum they might demand should be paid them if they would 
sign. Moreover, in their amendments, the Senate struck out en- 
tirely the article appended to the treaty, making provision for pre- 
sents to certain chiefs ; and it is said that the purchasing company 
offered to pay those chiefs all the sums they struck out, in addition 
to their other stipulations, if they would still come forward and sign 
the amended treaty. The contracts of Gordon and Bennett will 
throw light on this subject. But a further consideration is, that 
these sums are to be paid by the pre-emptive company, and not by 
the Government, with the express provision that the individual 
should sign, and, in very many cases, that he should remain at 
home upon his farm, while the poor, and those too virtuous to sell 
their names, should be compelled to emigrate. This is said to be 
the case with most of the removal party. They are expected not 
to remove at all, while their opponents will be constrained against 
their will to go beyond the Mississippi, in consequence of these men 
selling their names to the company I have myself seen contracts, 
and certified copies of contracts, in which nearly twenty thousand 

15* 



[ 174 ] 

dollars, besides the lease of several hundred acres of land, part for 
the term of ten years, and part during the life of the lessee, were 
promised to eight individuals, and yet not more than three of these 
eight were chiefs of a high grade. 

2. You will see from many affidavits, that intoxicating liquors 
were used in some instances, and were attempted to be used in 
many, to deprive chiefs of their senses, and thus lead them to do 
what they could not be prevailed upon to do in the sober exercise 
of reason. 

3. It is said, also, that one (if not more) of the chiefs made oath 
before the Committee of Indian Aflairs, that all the men who signed 
the amended treaty were regularly autiiorized chiefs of the Seneca 
nation; and that seventeen of those who signed the remonstrance 
were not chiefs, and had no authority to act in behalf of the people. 
If he did make such an oath, he swore falsely in both particulars, 
as may be seen by reference to the affidavits on the subject of 
chiefs, already in the hands of the Secretary of War. 

4. It will be seen, by the affidavits of Mark Charles, George Ken- 
jokety, (or Sqandinhgevadit,) Jack Berry, and I believe two or 
three others, that if, as is reported, their names are appended to the 
assent, it was a downright forgery. In respect to Jack Berry, it 
ought to be stated, that his name was professedly obtained last year ; 
that Jack appeared to be very angry at the report, and was conti- 
nually denouncing the treaty, and all concerned in making it, as 
long as he was able to get out. In his last sickness, he was con- 
lined only two or three weeks, and he died, I believe, on the third 
of July ; on the fifth day of July, an obituary notice, prepared by an 
emigration man, appeared in the Commercial Advertiser, in which 
it is said, that one of the last acts of Jack Berry was to sign the 
treaty, and exhort his people to promote their interests by removing 
l)eyond the Mississippi, or words to that effect. Now, if this is true 
at all, it must relate to what took place during his last illness, as he 
was violent in his opposition till that time; but if it be true, it is 
tantamount to a confession, that his pretended signature last year 
was, as he stated in his affidavit, a forgery. Perhaps there may be 
some explanation which will place the matter in a different light, 
and I only name it, therefore, as something worthy of investigation, 
if you can have an opportunity previous to the action of the Presi- 
dent. In respect to the others, it has been suggested that the com- 
missioner and General Dearborn may have been deceived by some 
one personating the chief whose signature was sought, so as to 
make these gentlemen, being strangers to the Indians, believe the 
signature genuine. Such a deception would be especially easy in 
those cases where the signing was done by an attorney, and the 
affidavit of John, or as he is sometimes called James, or Henry 
Hudson, will explain the manner of doing such things. By refer- 
ring to that affidavit, you will see that said Hudson was offered a 



[ ITS ] 

certain sum by one of the company's runners, if he would go and 
induce one Joseph Dudley to affix the name of Adam Doxtator to a 
paper empowering some person to sign the amended treaty, as his 
attorney, and then to subscribe himself as a witness that the signa- 
ture was genuine. From the affidavits of John Snow and several 
others, it will be seen that the commissioner was not ignorant of the 
means employed ; but, on the contrary, himself, in some instances, 
took part in using them. Another affidavit, deserving particular 
attention, is that of William Cass, which exhibits some of the expe- 
dients resorted to when other means proved ineffectual. I have 
just been informed that one of the most active of the emigration 
chiefs has stated that one of the princii)al chiefs, a sachem, who had 
a seat in the council of the Six Nations, was made drunk ; and 
while he still refused to sign, the persons present crowded around 
him, and got him earnestly engaged in dispute with one who stood 
before him, and then one drew back his arm, took the pen, and 
slipped it between his fingers, and held them upon it, while his 
mark was made upon the treaty, without his noticing what was 
done, on account of being so much intoxicated, and so warmly en- 
gaged in the conversation with the person before him; and then the 
next day, when he was somewhat sober, they told him that he had 
signed the treaty, and now there was no help for him, only in fall- 
ing in with them, and urging it forward with all his strength, and 
he at last yielded, and consented to do so. The person who gave 
me this information, slates that, if j'ou deem it important, the affi- 
davit of Samuel Gordon can be procured, testifying that this is 
known, and acknowledged among the emigration party, to be the 
way in which the signature referred to was obtained; and he can 
probably procure for you the testimony of eye witnesses. 

The next point in your note has respect to the question whether 
any, whose duty it was to protect the Indians, weie concerned in 
using any of the above-detailed means. 

It may be supposed that the Government agent is bound to see 
them protected, and especially to see that they are regularly paid 
their annuities at the appointed time. You will see, from the pamphlet 
of Mr. Heacock, which has been forwarded you, that his course in 
relation to their money matters has already subjected him to a com- 
plaint before the grand jury of Erie county, and from that pamphlet, 
and from the persons who composed that jury, you will be able to 
learn something of his delinquencies, so far as they have a bearing 
upon the point at issue. In respect to the treaty question, I am well 
acquainted with the fact that for three or four years past he has taken 
the part of the purchasing company; while, on the other hand, he 
did warmly oppose the emigration policy, when Mr. Schermerhorn 
was trying to negotiate a treaty. He once expressed his views to 
me very freely, in opposition to Mr. Schermerhorn's proceedings. 
In the councils of the chiefs, he also, at that time, threw all his in- 



[ 176 ] 

fluence against the trenty ; and several times convened chiefs ai his 
house, to concert measures lor opposing it. But suddenly he changed 
his course, and has since heen very active in endeavoring to obtain 
signatures, by what means you will learn by the various affidavits 
in your hands and at the VVar Office in Washington. His motive 
in doing so I know not, unless the fact that his creditors and sure- 
ties are expecting large sums of money from him as soon as the 
treaty shall be ratified, may be thought by some to throw light upon 
it. His I'egular salary as Government agent, none will suppose 
depends u|ion the ratification of the treaty. He was also present at 
a council held by the emigration party, on the 18th of July last, for 
the purpose of electing chiefs, in a manner contrary to all the laws 
and usages of the Six Nations, evidently aiding and abetting that 
transaction; but as I know not whether it is sought to afiect the 
fate of the treaty by that election, I cannot tell whether that fact 
will be of any avail, except as illustrating his manner of trampling 
upon the rights of the people. 

Thus, gentlemen, I have endeavored to give you a plain statement 
of such things as come within the scope of your inquiries. As I 
said in the outset, my sole object is to cause the truth to be known 
by those officers of the Government on whom rests the responsibi- 
lity of deciding the important question at issue; and I am happy in 
being able cordially to unite with you in your expressions of confi- 
dence that they will deal justly and honorably with the Indians as 
soon as they become acquainted with these facts. I have complied 
with your request on the ground that you were desired by the Pre- 
siden to obtain this information : and 1 wish you to use my state- 
ments onlv for the purpose of satisfying his mind ; and I must be 
particular in requesting you not to publish them on my responsibility, 
to the injury of any person's property or reputation. Not that I 
have any doubt of their correctness in every particular, but because 
1 deem it always important to refrain from unnecessarily exposing 
to injury or opprobrium those even whose conduct might not allow 
them to hope ibr any better treatment. For this reason I have also 
avoided naming individuals in every case where it did not seem in- 
dispensable. My object has been to exhibit the means used, and not 
the persons using them ; the former, I regret, as I believe every good 
man must ; the latter, I regard as fellow-travellers to eternity, and 
trust I feel an unfeigned desire for their welfare in both worlds ; 
and it is my sincere prayer, that, whatever may have been their 
past course, they may be enabled in future to seek and obtain the 
consciousness and the rewards of virtue. Neither would I wish to 
be regarded as an enemy of the treaty on any other grounds than 
the means used to eflect it. I believe those means have, in reality, 
constituted its chief hinderance ; they have aroused the jealousies 
and the prejudices of the people, and furnished their chief argu- 
ments for strengthening each other in their opposition ; they have 



[ 177 ] 

furnished, also, their chief grounds of hope ; for, prejudiced as the 
Indians are, on account of such things, against the whites, they 
have still so much confidence in the integrity and honor of the Pre- 
sident, that ihey will not believe he will sanction the use of such 
means, notwithstanding the ofl-repeated assertions of commissioners 
and agents that it is the policy of the Government, and, therefore, 
right or wrong, the treaty must be ratified ; they think these men 
traduce the Government ; they cannot but believe that when the 
truth is known, it will treat them fairly and honorably ; they cannot 
see any motive to induce the Government to expend the contem- 
plated great amount without any hope of equivalent, merely for the 
sake of carrying out its policy, when it is known that after all that 
has been done, instead of regarding it as an act of kindness, fifteen- 
sixteenths of the Indians would deplore it as one of the sorest cala- 
mities ; and whatever may be thought of the wisdom or the follyof 
their course, they do not believe that either the Government, or the 
popular voice throughout the nation, will require them to lay aside 
the right of private judgment in regard to their own interests; they 
think, as a nation, we are too magnanimous to do this, and on 
these grounds they cherish strong hopes that the treaty will be 
rejected. 

Allow me, gentlemen, to add in conclusion, that I can very 
cheerfully commit their cause, under God, to the justice and mag- 
nanimity of the President. 

With much respect, your obedient servant, 

ASHER WRIGHT. 

P. S — You will confer a favor by communicating to me the 
earliest intelligence of the result. Mr. Heacock desires me to men- 
tion that, by a mistake of the printers, the date of some of the 
affidavits in his pamphlet was changed from January to July. 

This communication should have been forwarded from Troy 
about the 10th or 12th of last month, but it occurred to me that 
several matters of importance, which required further investigation, 
had been omitted, and therefore I took the liberty, notwithstanding 
what I wrote on the subject, to retain it till my return ; since which 
time it has been hastened as fast as practicable, under existing cir- 
cumstances, although I am fully sensible that the delay may seem 
inexcusable. According to your suggestion, I have preserved co- 
pies ; and would thank you, if you receive this in due time, to drop 
a notice of it into the post office. I hope it may not be too late to 
prove useful. 

Your friend, 

A. WRIGHT. 

Buffalo, October 7, 1839. 



[ 178 ] 

[ No. 12. ] 

MEMORIAL OF CHIEFS TO THE PRESIDENT OF THE 
UNITED STATES. 

To his excellency Martin Van Buren, President of the United 
States, and through him to the honorable Semite : 

The memorial of the chiefs and sachems of the Seneca nation of 
Indians, 

Respectfully showeth : 

That your memorialists and their predecessors have always acted 
in the capacity of a legislative council ; and have had the control 
and management of all the lands belonging to the Seneca nation ; 
and have held frequent councils with the commissioner, minister, or 
plenipotentiary of the United States to our nation ; and have sold to 
the people of the United States all our lands in the State of New 
York, with the exception of a k\y small reservations, upon which 
we now reside. 

Our object is respectfully to present to your consideration our ob- 
jections to the confirmation of the treaty, and to show you some of 
the practices resorted to to obtain the signatures of our chiefs to the 
assent to the Senate's amendments. 

We are opposed to the confirmation of the treaty, because — 

1. We wish, as is natural, to live and die in our native land. 
But a small portion of it is now in our possession, yet we hold it as 
our birthright, dear to us as our country can be ; we claim the 
privilege, by the pledged faith and honor of the people of the United 
States, that we should be protected — to live where our fathers lived, 
and lay our bones with theirs ; and we solemnly declare that our 
attachment to this country is so great, that nothing but the strong 
arm of Government shall ever force us to the conditions of the 
treaty said to be obtained, and thus deprive us of our homes. 

2. We have, from necessity, abandoned our former mode of liv- 
ing by hunting, and are now established as communities upon our 
several reservations, with our churches, school-houses, &c., and are 
rapidly becoming an agricultural and civilized people. 

3. The climate of the country to which it is proposed we should 
emigrate is unsuited to us, and we fear that our people would not 
be healthy. 

4. We dislike to be brought in contact with the warlike nations 
that live near the land offered to us by Government ; and although 
we should have confidence in the protection Government might 
afford us, still wo should be much more exposed then at present. 

5. The country which Government offers us we do not think is 
well timbered ; and the proposition of Government to supply us with 



[ 179 ] 

sufficient timber is too difficult to be executed satisfactorily cither to 
the Government or to us. 

6. Our nation, by a very large majority, as appears by the offi- 
cial canvass presented to the Secretary of War at Cattaraugus, last 
summer, is strenuously opposed to emigration. By that canvass, 
only 222 out of the whole nation, amounting to 3,411, were in 
favor of emigration. We conceive it manifestly transcending our 
powers as chiefs to act in direct contravention of the wishes of the 
warriors and nation, so often and strongly expressed as they have 
been on the subject of our removal. 

The above reasons, though they may appear trivial to some, are 
of importance to us. Feelings of attachment to our homes, to our 
country, and the country of our fathers — to their graves, to their 
council fires, and all the innumerable sympathies that gather around 
the heart of any lover of his country, are ours as well as the white 
man's, though we fear that many who think the Indian but a mere 
savage would deny us them. 

We proceed to state some of the measures and practices resorted 
to in attempting to obtain the names of our chiefs to the assent to 
the Senate's amendments. 

1. The commissioner of the United States, after having publicly 
declared, in the opening of the council, that the signatures should 
be obtained in open council, as directed by the Senate, and in con- 
formity with the established usage of our nation, changed his course, 
and pretended that it was not necessary that the signatures should 
be obtained in open council ; thus opening a wide door for fraud in 
obtaining names. He has often threatened, that if a minority only 
agreed to go, the President and Government would withdraw their 
protection from us ; that the payment of annuities should be made 
at the west ; and other threats of a like character, which were dealt 
out as occasion required. He also prolonged the council day after 
day, against our repeated remonstrances, and after we had urged 
him again and again to bring forward his papers, and permit us to 
give our assent or dissent to the amendments. Notwithstanding we 
told him our crops were rotting in the ground, and that he was de- 
taining us from the pursuits upon which we depended for subsist- 
ence, he would appoint and adjourn the council at such hours that 
the length of each day's session was generally about one or two 
hours. He did this, that the agents and emissaries of the company 
trying to effect a purchase might have opportunity to practise upon 
our chiefs by bribery, perjury, and the other means detailed below. 

2. The Government agent, Mr. James Stryker, placed here, as 
we have supposed, to protect our interests, has engaged in unfair 
and corrupt means to obtain signatures. Bribes have been offered 
by him to chiefs, to induce them to sign ; in proof of which, we 
refer to the affidavits of Samuel Wilson, dated 7lh February, 1839 ; 
of Major Jack Berry, dated 7th July, 1839 ; of William Jones, dated 



[ 180 ] 

7th February, 1839 ; and of Sky Carrier, dated 7th February^ 
1839. He has attempted to make some of the chiefs sign, by de- 
faming the chiefs in the opposition, and made threats that were not 
suitable as a protector, as will appear by reference to the last named 
affidavits, and many others, all of which are in the hands of the 
War Department. He was also present at a mock election held at 
liis house in Buffalo, of Charles F. Pierce, Charles Greybeard, and 
John Hutcheson, as appears by the affidavit of Samuel Gordon ; and 
afterwards represented them to the commissioner as chiefs entitled 
to due consideration, and procured their names to be put on the 
assent to the Senate's amendments ; for proof of which, we beg 
leave to refer to the above named affidavit of Samuel Gordon. 

3. We are informed, and believe, that a sub-comj^any has been 
employed by the Ogden Company, for a large sum, ($100,000 itjiis 
confidently asserted, above expenses,) to obtain a treaty for the 
sale of our lands. This sub-company, as we shall show, have been 
guilty of almost every kind of corruption in trying to obtain names. 
(See affidavits now in the War Office.) 

4. We know, and therefore positively assert, that numbers of 
white men and Indians, in some of whom we before placed confi- 
dence, have been employed by this last named company to try to 
effect a treaty. The most constant efforts have been made by 
them — forcing themselves upon us at our homes, until we were 
compelled to turn them iVom our doors — waking us from sleep at 
night — besieging us by the way, as we were engaged in our ordi- 
nary pursuits, until it absolutely became a burden to us — chasing 
us down when we attempted to escape, and thus forcing some of us 
to stay away from our homes as the only way to escape their per- 
secutions — threats and promises being used liberally and as occa- 
sion required : for proof of which, we refer to affidavits in the hands 
of the War Department, and in particular to those of Little Joe, 
dated 7th February, 1839 ; of David White, of the same date; of 
Mark Charles, dated 31st August, 1839; and of John Tall Chief, 
dated the 7th February, 1839. We also refer to the affidavits of 
Samuel Gordon, dated December 10, 1839 ; of Major Jack Berry, 
dated 7th February, 1830; of George Lindsley, dated 7th Febru- 
ary, 1839. 

5. Bribes, as the affidavits before mentioned will show, have been 
ofTered, varying from five hundred to ten thousand dollars, to indi- 
vidual chiefs, to induce them to sign. Life leases, and deeds of 
pieces of land, have also been offered. By some of the chiefs these 
offers have been accepted, and we believe that no chief has signed 
the assent to the Senate's amendments except under the influence of 
bribes ; and we know that the great majority of those signing were 
bought, for they avow it in many instances. 

6. Signatures have been received at the commissioner's room, 
and at any convenient place, instead of in open council, as our cus- 



[ 181 ] 

torn demands, and as the United States Senate provided. It is ob- 
vious that a treaty might be effected by a few corrupt men in this 
way, without even the formality of an appeal to the council. We 
may be sold out at any time by a few chiefs and warriors wicked 
enough to swear falsely. For proof of the above fact, see report of 
United States commissioner, printed in documents for the Senate's 
committee. 

7. Advantage has been taken of the habit of drunkenness, into 
which some of our chiefs have unfortunately fallen. We beg leave 
to refer to the affidavits of Sky Carrier and .Tohn General, dated 
February 7, 1 839 ; and the affidavits of Samuel Gordon and George 
Kenjuquide, dated December, 1839. 

8. Perjury and forgery have been resorted to : see affidavit of 
John Hudson, dated August 31, 1839 ; and of document A, No. 6, 
No. 7, No. 8, and No. 10; and, also, affidavits sent to the Secretary 
of War, in August last. 

9. Misrepresentations have been made of our wishes and feelings 
as a nation, in relation to emigration. The number of those in 
favor of emigration is magnified, and their influence and worth ex- 
aggerated ; while the opposition, though an overwhelming majority, 
have been represented as about equal in numbers to the emigration 
party. See the report of Hon. R. H. Giilett, and the census given 
to the Secretary, at Cattaraugus, in the council last summer. 

10. The public papers have been closed against us for two or 
three years ; we know it, because a communication sent to the 
papers in Buffalo was rejected, and we afterwards learned it was by 
the influence of one in the service of the purchasing company ; and 
the truth is, this rich company seemed to have taken every pos- 
sible way of preventing their wicked practices from coming to 

11. False interpretations have been given to papers given our 
chiefs to sign. See the affidavit of John Seneca, sent to Washington 
last: winter. 

12. Many signatures which have been made to the amendments 
are not claimed to have been made in open council. But it is only 
in council that a chief has more power than any private warrior, 
and his acts out of council do not bind the nation. See the report 
of R. H. Giilett. 

13. Afler the commissioner had held the council about two 
weeks, we consulted among ourselves, at his request; and the 
result was, we met him with the report that sixteen were in favor of 
the assent to the amendments, and sixty-four opposed. Afler urging, 
as before stated, the commissioner day after day for about four 
weeks, he finally laid his papers before us. The powers of the 
commissioner on the part of the United States expired when he 
received our assent or dissent to the Senate's amendments, except- 
ing so far as to report the fact ; which was sixteen in favor, and 

16 



[ 182 ] 

sixty-four against the assent to the amendments, being as 1 to 4. 
All signatures obtained afterwards were only the signatures of in- 
dividuals, and are not valid. See the report of H. A. S. Dearborn, 
superintendent for Massachusetts. 

14. Names of chiefs are found signed to the assent, who depose 
that they never signed or authorized any person in any way to sign 
the assent for them. Refer to the affidavit of Sky Carrier and 
others, dated 31st August, 1839; and document A, No. 10 ; and, 
also, affidavits of Major Jack Berry, dated 7th day of February, 
1839; and George Lindsley, dated February 7, 1839, at Wash- 
ington. 

15. Jim Jonas, and Reuben Pierce, who are only rvnners of the 
emigration party, have signed the assent as chiefs, and others have 
signed both as warriors and chiefs. 

16. We would particularly call your attention to the affidavits of 
Samuel Gordon and S. G. Heacock, (marked 5 and 9,) in relation 
to Charles F. Pierce, Charles Graybeard, and John Hutcheson, be- 
ing elected chiefs at a meeting held at the house of Mr. Stryker, in 
Buffalo. W^e solemnly protest against this whole procedure. We 
do it, believing it involves our very existence as a nation. If a few 
individuals can convene, and without notice make chiefs, our pro- 
ceedings, in the whole case, are a mere farce. A treaty might be 
made without consulting the council or the nation at all. The esta- 
blished customs of the nation were entirely disregarded ; the persons 
declared to be elected were not acknowledged by the tribe, and 
never have been since ; they claim the privileges of chiefs only that 
they might sign the treaty ; they do not sit in the general council, 
nor do they claim to ; the Onondagas have never elected them as is 
indispensably necessary to constitute them chiefs, and we never 
shall acknowledge them as such. By the affidavit of Samuel Gor- 
don, it will be seen that John Gordon, whose name is affixed to the 
assent, has the same claim with the above. We beg of you not to 
deprive us of our homes by^ the signatures of these pretended chiefs; 
if you do, we can only say it is done by violence : we are weak in 
comparison to you, but we think this should give us a stronger 
claim to your protection. AVe should be forced away as really as 
if it were done at the point of the bayonet. 

17. The chiefs who have signed the assent do not intend to emi- 
grate ; they have contracts for deeds or life leases of property here, 
from the purchasing company, which will enable them to stay ; or, 
if they should go west, they will return. Shall we be sold out and 
compelled to go to the west, while the authors of the fraud remain 
peaceably at their homes ? 

18. Our annuities have been withheld, and the nation crippled in 
its means of opposing the effecting a treaty, which they almost una- 
nimously reject. We would not charge the Government with a 



[ 183 ] 

design to do this, but we think the agents have not done their duty. 
Refer to affidavit of Seneca White, and twenty-four other chiefs, 
dated 31st August, 1839, and now at the War Office. 

19. Our attorney, C. R. Gold, to whom we paid above $1,000, 
has proved treacherous to us. DupHcates of our papers which ho 
said he had mailed for Washington, and to the Governor of Mas- 
sachusetts, have never reached their destination; and all our papers 
suddenly disappeared, as will appear in the affidavits of Daniel Two 
Guns and John Kennedy, jr., dated August 1, 1839, and S. G. 
Heacock's affidavit, dated September 13, 1839 ; and we have no 
doubt that he sold them to those trying to effect a treaty, as we 
know by the affidavits of some of them, that papers, which he as 
our attorney should have kept secret, were seen by them ; and he 
was seen in friendly conversation with the agent of the Ogden 
Company about the time it was discovered the papers were lost, as 
will appear by the above affidavits. 

20. The movements and doings of the party in favor of emigra- 
tion, and of those attempting to get a treaty, were concealed from 
the people ; affidavits in the hands of the War Department show the 
low, mean, and wicked attempts to which they resorted. 

We have laid our wrongs before you. We think that, by a re- 
ference to the documents referred to, it will be seen that the state- 
ments are not too highly colored. 

And, finally, we have been defrauded in so many ways, and in 
so gross and palpable a manner, that we come with confident ex- 
pectation to your excellency and the honorable Senate of the United 
States for a redress of our wrongs, and plead for a careful exami- 
nation of the whole subject. We wish it, however, to be distinctly 
understood, that we are willing to deal fairly and honorably with all 
who desire to emigrate : we will give them their full share of our 
national property, if they wish it, and let them emigrate whither- 
soever they may choose ; but we wish, also, to be as fairly and 
honorably dealt by ourselves in return. We trust to your wisdom 
in sustaining the rights of our nation, now weak and in poverty, 
bu^ no less your friends and allies than when we were powerful, 
and received your fathers and gave them a place with us to plant 
their corn and build their huts. You have prospered and increased 
in numbers and in wealth, by the protection of the Great Spirit, 
who watches alike over the destinies of the red man and the white. 
We hope and trust that we shall not be driven by force and against 
our wishes from our peaceable psssessions. We ask to be per- 
mitted'to remain, and live and die on the ground given us by God, 
and bequeathed by our fathers ; and may the Great Spirit make 
you a great, a just, and a happy nation. 

Buffalo Greek Reservation, December 10, 1839, 



[ ^84 ] 



Seneca White, sachem 
Daniel Two Guns, sachem 
X Mark Charles, sachem 
X Gov. Black Snake, chief warrior x 

X Jacob Blacksnake x 

Tunis Halftown 
X John Hudson, sachem 

X John Luke, sachem x 

X John Pierce x 

X William Patterson x 

X Jimmy Johnson X 

Blue Sky x 

X Black Chief x 

X Adam Doxtator x 
X Henry Two Guns 

x Young Chief x 

George Dennis x 

X Robert Walt x 

John Sky x 

Samuel Parker x 

X Johnny John x 

X George Washington x 
X James Williams • x 

X Samuel Wilson x 

X John Tall Chief x 

X George Kenjockety x 

X Isaac Halftown x 

X Jack Johnny John x 

X George Killbuck x 
X David White, by his father, 
X Levi Halftown, by Saml. Gordon X 

X Morris Halftown x 
X by Israel Jemison 

X John Dennis x 

by his brother George 

X Oliver Silverheels x 

X Jesse Spring x 

X John Greenblanket x 

John Big Fire x 
Blacksmith , x 

William Crouse x 
by his attorney Tall Chief. 

Buffalo, Deceviher 10, 1839. 
I hereby certify that 1 am ac(|imintccl with all the persons named 
in this memorial ; that I know them to be acting chiefs of the Se- 
neca nation, and that I saw them affix their marks and signatures 
to the same, after the same had been read by me and explained 
through the interpreter, Wm. Jones. 

SETH G. HEACOCK. 
Maris B. Pierce, January 2.3, 1840. 

Washington, First viontk 30, 1840. 
Esteemed Friend — I tliis afternoon received the enclosed pa- 



Chiefs elected July 17, 1839. 
Joseph Silverheels, sachem 
Daniel Spring 
Tom Hemlock 
Owen Blacksnake 
Peter White 
Jacob Shongo 
Jonah Armstrong 
Jacob Johnson 
George Greenblanket 
John Dickie 
Samuel Segure 
John Joshua 
Abram Johnny John 
Isaac Johnny John 
Jack Doxtator, by his father 
John Kennedy, jr. 
John Baldwin, jr. 

by Jack Johnny John 
George Turkey 
Abram John 
Isaac Shanks 
James Spring 
John Mitten 
John Cook 
David Snow 
John Kennedy 
Israel Jemison 
James Shongo 
George Deer 
John General 
Samuel Gordon 
John Bark 
Joseph Snow 

William Cass y 

George Silverheels 
Lewis Poudry 
Jacob Bennet 

by Henry Two Guns 



[ 185 ] 

pers, by mail. I send them, that they may go with those already 
in thy hands to the Senate. With respect, &c. 

G. M. C0'0P1^)R. 
J» R. Poinsett. 



[ No. 13. ] 

LETTER TO GOVERNOR EVERETT. 

Commonwealth of Massachusetts. ^ 

Executive Department, Boston, January 16, 1840. (^ 
Sir : I have the honor herewith to transmit to you a copy of a 
letter lately received by me from one of the chiefs of the Seneca 
tribe of Indians, in the State of New York, written on behalf of that 
portion of the tribe opposed to the treaty of Buffalo ; and I beg leave 
to request that you will communicate it to the Senate of the United 
States, for their information. 

I am, sir, with great respect, vour obedient servant, 

EDWARD EVERETT. 
His Excellency M. Van Buren, 

President of the United States. 

Buffalo Creek Reservation, } 

December 18, 1839. ] 

Sir : At the request of the council which has been held on this 
reservation by the Senecas, chief warriors, sachems, and war chiefs, 
we shall attempt to point out to you some of the mistakes into which 
General Dearborn has been led, by those with whom (from the ne- 
cessities of the case) he associated while holding council with us. 

The mistakes are made (for the most part) in his statements as 
to who and what are the officers of our nation. He says in his let- 
ter dated January 2, 18.39, that " there are eight great sachems of 
the tribe, &c., and that six of them have signed the treaty." If he 
means the assent, (and we suppose he does,) he is mistaken, for but 
one of the great sachems has signed the assent, viz : Little Johnson ; 
and he, with the other six, (one being dead,) all signed the dissent. 
Their names are Daniel Two Guns, John Luke, Seneca White, and 
one deceased, in one division of clans, and George Lindsey, Mark 
Charles, Little Johnson, and John Hudson, in the other division of 
clans, (there being a balance of power in the nation maintained by 
the two divisions referred to.) To these are added the two chief 
warriors, Governors, Black Snake, of one division, and Morris B. 
Pierce, as attorney for William Jones, jr., of the other division. 
The above are all officers of the Six Nations confederacy as well as 
of the Seneca nation. There were also twenty-one sachems (living 
at the date of General Dearborn's letter) of the Seneca nation, who 
were not officers of the confederacy. Genera] Dearborn has aamed 

16* 



f 186 ] 

five ot" these as the great chiefs of the nation. You see he has been 
misinformed. 

The facts are these, that of the nine living officers of the Six 
Nations, i. e., great chiefs, one only signed ; of the twenty-one 
sachems of the Six Nations, five only signed the assent ; and all of 
the thirty head chiefs signed the dissent in General Dearborn's 
presence, except four. 

General Dearborn also says that the sachems in council have a 
right to elect chiefs and declare war ; he is mistaken, such a thing 
was never heard of in our nation, and he has been so instructed that 
he should make this mistake, so that the purchasing company might 
make use of it as an endorsement of the election of those men to 
chieftainship, done at Judge Stryker's house, [lohose names are 
(lijixed to the assent as chiefs,) and the first that the nation knew 
any thing of their being chiets, was finding their names attached to 
the assent. These men do not claim themselves to be chiefs, but 
say that the agent and Mr. Gillett " recognised them as such only 
to sign their assent to the Senate's amendments." If you will look 
at the Senate's documents you will see letters in relation to these 
men, wliich, when taken in connexion with General Dearborn's 
view of the election of chiefs, would make them chiefs of our nation. 

We do not suppose that Mr. Dearborn intended any thing wrong 
in expressing his opinion in relation to us, for we think him our 
friend ; but you see, so far as his opinion goes here, it does hurt us. 
These men are not chiefs, do not claim to be chiefs themselves, and 
are not acknowledged as such by the nation. 

We want you to inquire of some of the old men who have held 
treaties with us, and ask them whether the chiefs have the power 
to sell the lands of the nation without first getting the consent of the 
warriors and women. 

As in the declaration of war, so in matters relative to our lands, 
the chiefs can do nothing, unless the power has been specially dele- 
gated to them for the purpose, at the time. The sales which have 
heretofore been made, have, without a single instance, been made 
in the following manner, viz : The question was first discussed by 
the chiefs, if they thought best to sell, then the question was put to 
the warriors and women, who, through their speakers,* gave their 
opinion to the council, if they thought best to sell, then the chiefs 
appointed a speaker to say to the commissioner that the papers 
might be presented, as they had concluded to sell. The deed was 
then signed by as many as were chosen for that purpose, some- 
times more and sometimes less. This you will see explains why 
to some of the deeds there is not a majority of the signatures of 
chiefs. 

♦There is a chief whose name is the " Speaker for the women,^^ 



[ iS7 ] 

This deed is the first one to which there was ever affixed one 
signature before the nation (warriors and women) had given their 
consent to the sale ; in this case it was never asked, because a ma- 
jority of chiefs never in council agreed to sell. The voice of the 
nation is as eight or nine to one against sale and removal. Now, 
will you, as our protector, allow us to be sold out against all for- 
mer usage and law ; and vvith the consent of only one of nine or 
ten, all of whom are equally interested ; and all of whom have 
equal right and property in the land to be sold? and especially, too, 
when, according to their own admissions, there are but a majority 
of two signatures to the assent. And we say six of those are not 
chiefs ; and General Dearborn says, in his letter, that he did not see 
six signatures put to the assent by the persons themselves, and he 
has not witnessed the signature of one more ; making seven signa- 
tures to the assent of which he does not know, in the first place, 
whether the individual were free in giving the " powers of attorney." 
2d. Whether they knew what they were signing when they made 
their marks to the same; and, 3d. Whether their names were not 
forged to the powers of attorney, as every individual directly swears 
is the fact. 

We ask you, as our protector, not to allow the names of Major 
Jack Berry, John General, Samuel Wilson, John Barks, Sky Car- 
rier, John Tall Chief, and George Kensaquida, as assenting to the 
amendments, for Mr. Dearborn does not claim to have seen them 
sign themselves, but, says they were not present when their signa- 
tures were affixed to the assent, and they all swear that they never 
signed any paper, (which was interpreted as giving their assent to 
the amendments,) and that if their names are affixed to a power of 
attorney, the same is a forgery. 

There is one more view of the case, and we have done. It is 
this : Forty-eight signatures of those whose chieftainship is undis- 
puted, signed a formal and regular dissent on the day when the as- 
sent was presented, and sent a copy of it to you, but Mr. Gold, (we 
are informed,) never mailed it. Eleven of this number, it is said, 
afterward signed the assent, and afterward nine of these eleven 
made out their formal dissent again, and sent it to Washington. 

We say that the question was decided when the signatures were 
given to the assent and dissent in open council, on the 28th of Sep- 
tember, 1838. The result would then be, allowing that the emi- 
gration party are right, (as to who are chiefs, and also as to the 
number of chiefs, 81,) 81 — 48=33, a majority of fifteen rejecting 
the amendments and the treaty. 

But give the emigration what they ask, viz: that tlie signature 
to the assent destroyed the validity of the one previously given to 
the dissent, then we say that the dissent which was made out and 
sent to Washington last winter, and to which the names of this forty- 



L i8S ] 

eight, save one, (Little Johnson,) were attached, destro3ed the va* 
Udity of the signatures afterward given to the assent. 

Bear a little longer and we will state a case : On the 28th of 
September 1838, William Cass signed the dissent in open council; 
it is said that, in December following, he signed the assent, at the 
Indian Tavern : in February following, he, with others, sent to 
Washington his dissent. Now, we say if his assent at the Tavern, 
in December, destroyed his dissent, made in September, in council, 
then certainly his dissent, made in February, destroyed his assent at 
the Tavern, made in December prior. 

Turn the case about : Suppose upon the day that Mr. Gillett pre- 
sented his assent, that he had received forty-eight signatures of ac- 
knowledged chiefs, undisputed by either party, and the dissent had 
been signed by only fourteen whose chieftainship was undisputed ; 
and then suppose that we had gone about getting the dissent of 
chiefs in the same manner that the commissioner did the assent, 
would the Government hear us one moment? Would^they not tell 
us, and justly too, your decision was given in open council on the 
28th September, 1838, and all that you have done since is informal 
and not binding upon the Seneca nation ? We think so. 

We will now tell you how the case stands, and we ask you to 
look at the facts, and you will find them so. There were in Octo- 
ber and November, 1838, 91 living chiefs in the Seneca nation, 28 
of whom General Dearborn saw sign the assent; one, John Snow, 
he says he did not see sign ; six he says signed by power of 
attorney, and were not present when their signatures were affixed 
to the assent ; and one, George Kensaquida's signature, was affixed 
at Washington, which Mr. Dearborn did not witness : and there are 
also six signatures which are to the assent, and the number of war- 
riors and not chiefs, 28 + 1 +64-1 -i"6 = 42, the number claimed 
by Mr. Gillett ; take away the last 6, (who are not chiefs,) and we 
have 36 signatures of chiefs only to the assent, seven of whom he 
did not witness, and six of the signatures do not profess to have 
been made by the persons themselves, and we have 91 — 36=.55, a 
majority of 19, allowing the six who, it is said, signed powers of 
attorney ; deny these, and we have 91 — 30=61, a majority of 31 
against removal. 

We say again, we believe General Dearborn to be a good man, 
but he is deceived, and we come and ask you to investigate this 
matter, and not let us be driven off from our possessions, in the 
peaceable occupancy of which you have so long protected us. We 
come to you as our last hope. We want you to remember that we 
are not savages, but are rapidly getting to bo an agricultural people. 
Don't forget us, but stand by us ; and may the God of the white 
and the red man recompense you abundantly with his favor. 

My friends, the chiefs and sachems of the Seneca nation, by 
Z. L. .T I MESON, Secretary of Co2incil. 

His Excellency Edward Everett, Governor of Massachvsetts. 



[ 189 J 

BRIBERY CONTRACTS. 

[ No. 15 ] 
Arlichs of agreement made and concluded this 1th day of August , 
1837, between Heman B. Potter, of the city of Buffalo, of the 
first part, and Samuel Gordon, a Seneca Indian, of the Catta- 
raugus reservation, in the county of Erie, of the second part. 
Whereas, in conformity with the declared policy of the Govern- 
ment of the United States, the proprietors of the pre-emptive title 
of and in the four several tracts of land reserved by the Seneca 
tribe of Indians, within the said State of New York, are desirous to 
induce the abovementioned tribe of Indians to accept for their future 
and permanent residence, a tract of country in the territory west of 
the river Mississippi, appropriated for Indians inhabiting the At- 
lantic and other neighboring States, and are also desirous by fair 
purchase, to extinguish the right of the said Indians in and to the 
lands in this State, so reserved by them : 

And whereas, in furtherance of these objects, and in order to a 
future treaty by which to effect the same, the said proprietors have 
authorized negociations to be opened with the chiefs and other lead- 
ing men of the said tribe of Indians, and certain offers to be made 
to them in money, as a permanent fund for the nation and a com- 
pensation for their improvements, and have also deemed it advisa- 
ble, and necessary to employ the aid, co-operation and services of 
certain individuals who are able to influence the said Indians to ac- 
cept of the ofl^ers so to be made to them: 

And whereas, the said Heman B. Potter, the party of the first 
part, is empowered to act on behalf of the said proprietors, and to 
contract with any individuals whose co-operation and agency may 
be necessary and efficient in accomplishing the abovementioned 
object, and the said Samuel Gordon, the party of the second part, 
has agreed to contribute his influence and services in the premises : 
Now, therefore, it is mutally agreed by and between the parties 
hereto, as follows : 

First. The party of the second part undertakes and agrees to use 
his best exertions and endeavors to dispose and induce the said In- 
dians to adopt and pursue the advice and recommendation of the 
Government of the United States in respect to their removal and 
future location ; and on such fair terms as the party of the first part 
and his associates, in the name of the said proprietors, shall pro- 
pose, to sell and release by treaty, their said reserved lands, and on 
all occasions to co-operate with and aid the said party of the first 
part and his associates, as he may be from time to time advised, in 
talks and negotiations with the chiefs and other influential men of 
the said tribe ; and in the active application of his whole influence 
at councils and confidential interviews, for the purpose of effecting 
a treaty between the said tribe and the said proprietors, for the ex- 
tinguishment of the Indian title to the said reserved lands. 



C 190 ] 

Second. In consideration of such efforts, co-operations, and ser- 
vices, on the part of the said Samuel Gordon, faithfully bestowed 
tn the premises, the said Heman B. Potter, on his part and that of 
his associates, agrees to pay or cause to be paid to the said Sa- 
muel Gordon, the sum of five thousand dollars, within three months 
after notice of the ratification by the Senate of the United States, of 
a valid treaty between the said tribe and the owners of the said 
pre-emptive title or their trustees, by which the right and tide of 
the said Indians shall be etfectually released and extinguished in 
and to the said reserved lands. 

This agreement on the part of said party of the first part, being 
expressly dependant upon the treaty to be made and ratified upon 
terras, conditions, and stipulations, to be proposed and offered by 
the said party of the first part and his associates. 

H. B. POTTER, [ L. s. 1 

SAMUEL GORDON, [ l. s. J 
Witness — O. Allen. 
It is understood and agreed that the sum of one thousand dollars 
BS to be added to the within contract. 

O. ALLEN, 
H.P. WILLCOX. 
September 29, 1838. 

[No. 16. ] 
Articles of agreement made and concluded this 1th day of August, 
1837, between Heman B. Potter, of the city of Buffalo, of the 
first part, and George Bennett, a Seneca Indian of the Catta- 
raugus reservation, in the county of Erie, of the second part. 
Whereas, in conformity with the declared policy of the Govern- 
ment of the United States, the proprietors of the pre-emptive title 
of and in the four several tracts of land reserved by the Seneca tribe 
of Indians within the said Slate of New York, are desirous to in- 
duce the above mentioned tribe of Indians to accept, for their fu- 
ture and permanent residence, a tract of country in the territory 
west of the river Mississippi, appropriated for Indians inhabiting 
the Atlantic and other neighboring States, and are also desirous, 
by fair purchase, to extinguish the right of the said Indians in and 
to the lands in this state so reserved by them: 

And whereas, in furtherance of these objects, and in order to a 
future treaty by which to effect the same, the said proprietors have 
autliorized ufgotiations to be opened with the chiel's and other lead- 
ing men of the said tribe of Indians, and certain offers to be made 
to them, in money, as a permanent fund for the nation, and a com- 
pensation for their improvements; and have also deemed it advisa- 
ble and necessary to employ the aid, co-operation, and services of 
certain individuals, who are able to influence the said Indians to ac- 
cept of the offers to be made to them r 



C 191 ] 

And whereas, the said Heman B. Potter, the party of the first 
part, is empowered to act on behalf of the said proprietors, and to 
contract with any individuals whose co-operation and agency may 
be necessary and efficient in accomplishing the abovementioned ob- 
ject ; and the said George Bennett, the parly of the second part, has 
agreed to contribute his influence and services in the premises. 

Now, therefore, it is mutually agreed by and between the parties 
hereto as follows : 

First. The party of the second part undertakes and agrees to use 
his best exertions and endeavors to dispose and induce the said In- 
dians to adopt and pursue the advice and recommendations of the 
Government of the United States, in respect to their removal and 
future location, and on such fair terms as the party of the first part 
and his associates, in the name of the said proprietors, shall pro- 
pose to sell and release by treaty their said reserved lands, and on all 
occasions to co-operate with and aid thesaid party of the first part and 
his associates, as he may be from time to time advised in talks and ne- 
gotiations witli the chiefs and other influential men of the said tribe, 
and in the active application of his whole influence at councils and 
confidential interviews, for the purpose of effecting a treaty be- 
tween the said tribe and the said proprietors, for the extinguish- 
ment of the Indian title to the said reserved lands. 

Second. In consideration of such efl^orts, co-operations, aud ser- 
vices on the part of the said George Bennett, faithfully bestowed in 
the premises, the said Heman B. Potter, on his part and that of his 
associates, agrees to pay, or cause to be paid, to the said George 
Bennett, or to his heirs, the sum of five thousand dollars within 
three months after notice of the ratification by the Senate of the 
United States of a valid treaty between the said tribe and the own- 
ers of the said pre-emptive title, or their trustees, by which the 
right and title of the said Indians shall be efi'ectually released and 
extinguished in and to the said reserved lands. 

This argeement, on the part of said party of the first part, being 
expressly dependant upon a treaty to be made and ratified upon 
terms, conditions, and stipulations to be proposed and offered by 
the said party of the first part and his associates. 

H. B. POTTER, [ L. s. ] 

his 
GEORGE X BENNETT, [ l. s. ] 
mark. 
Witness — Samuel Gordon. 
It is understood and agreed that the sum of one thousand dollars 
is to be added to the within contract. 
September 29, 1838. 

O. ALLEN, 

H. P. WILLCOX, 



[ 192 ] 

[ No. 17. ] 

August 31, 1837. 
It is agreed between Heman B. Potter, of the city of Buffalo, of 
the first part, and John Gordon a Seneca chief of the Alleghany 
reservation, of the second part, as follows : 

That in case the Seneca tribe of Indians shall accept the offers of 
the Government of the United States for their removal to the west 
of the Mississippi river, and shall sell their lands in this State to 
the pre-emptive owners upon negotiations now pending, and in 
case the said John Gordon shall faithfully co-operate with and aid 
the said Heman B. Potter, and his associates, as he may be advis- 
ed from time to time, by his services and influence at councils and 
confidential interviews, for the purpose of effecting a treaty with 
the Government and between the said tribe and the said proprietors, 
for the release and extinguishment of the Indian title of, in and to the 
said reserved lands, which'the said John Gordon hereby agrees to do, 
and to sign said treaty and release ; and if such treaty shall be made, 
shall be thereupon ratified by the Senate of the United States, then 
the said Heman B. Potter, who is authorized to act in the premises 
for said proprietors, hereby stipulates and agrees, for himself 
and his associates, to pay, or cause to be paid, to the said John 
Gordon, the sum of eleven hundred dollars, in three months after 
notice of such ratification ; and, also, that the said John Gordon 
shall be entitled to a lease from the said pre-emptive owners, or 
their trustees, of the lot or piece of land now actually improved and 
occupied by him on the said Alleghany reservation, being about 
sixty acres, for the term of ten years, determinable whenever he 
shall cease to live on and occupy the same : to be executed as soon 
after said treaty as said lands may or shall be surveyed into lots, so 
that said piece of land can be described. 

H. B. POTTER, [ L. s. ] 

his 
JOHN x GORDON, [ l. s. ] 
mark. 
Witness — Samuel Gordon, 

January 15, 1838. 
It is agreed that one hundred dollars of the within sura of eleven 
hundred dollars, shall be paid to the said John Gordon after the 
treaty and release shall have been executed by a sufficient number 
of chief;? to make them valid and effectual, as follows : Fifty dol- 
lars thereof in goods, and fiftv dollars in cash. 

H. B. POTTER. 



[ 193 ] 

[ No. 18. ] 

It is agreed between Heman B. Potter, of Buffalo, of the first part, 
and Levi Halftown, a Seneca chief of the Cattaraugus reservation, 
of the second part, as follows : 

That if the Seneca Indians shall accept of the offers of the Go- 
vernment of the United Stales, and remove lo the west, and shall sell 
out their reservations to the pre-emption owners upon negotiations 
now pending, and if the said Levi Halftown shall faithfully render 
his aid, services, and influence in favor of a treaty for the purposes 
aforesaid, and if such treaty shall be made and ratified by the Se- 
nate of the United States, by which the right and title of said In- 
dians shall be effectually abandoned, then, and in that case, the 
said Heman B. Potter stipulates and agrees, for himself and his 
associates, that the sum of five hundred dollars shall be paid to the 
said Levi Halftown in three months after notice of such ratification, 
and that he shall be entitled to a lease from the said pre-emption 
owners, or their trustees, for, and during his natural life, of the lot 
or piece of land where he now lives, on the said Cattaraugus reser- 
vation, being about sixty acres, to terminate whenever he shall 
cease to live on and occupy the same : said lease to be executed as 
soon as said lands shall have been surveyed into lots, so that said 
piece of land may or can be described according to the survey. 

Witness our hands and seals this 19th day of August, 1837, 

H. B. POTTER, [l. s.] 

his 
LEVI X HALFTOWN, [t. s.] 
mark. 

Witness — O. Allen. 

[ No. 19. ] 

It is agreed between Heman B. Potter, of the city of Buffalo, 
of the first part, and Jacob Jemison, a Seneca chief of the Alleghany 
reservation, of the second part, as follows: 

That in case the Seneca tribe of Indians shall accept the offers 
of the Government of the United States for their removal to the 
west of the Mississippi river, and shall sell their lands in this State 
to the pre-emptive owners upon negotiations now pending; and in 
case the said Jacob Jemison shall faithfully co-operate with and aid 
the said Heman B. Potter and his associates, as he may be advised 
from time to time, by his services and influence, at councils and 
confidential interviews, for the purpose of effecting a treaty between 
the said tribe and the said proprietors, for the effectual release and 
extinguishment of the Indian title of, in, and to the said reserved 
lands, which he engages to do, and to sign said treaty; and if such 
treaty shall be made, and shall be thereupon ratified by the Senate 
of the United States, then the said Heman B. Potter, who is 

17 



[ 194 J 

authorized to act in the premises for said proprietors, hereby stipu- 
lates and agrees, for himself and his associates, to pay, or cause to 
1)6 paid, to the said Jacob Jemison the sum of ten hundred dollars- 
in three months after notice of such ratification. 

Witness our hands and seals, this 1st day of September, 1837- 

H. B. POTTER, [l. s.] 

his 
JACOB X JEMISON, [l. s,] 
mark. 
Witness — Samuel Gordon. 

H. P. WiLLCOX. 

[ No. 20. ] 

It is agreed between Pieman B. Potter, of the city of Buffalo, of 
the first part, and Blue Eyes, a Seneca chief of the Cattaraugus 
re.servation, of the second part, as follows: 

That in case the Seneca tribe of Indians shall accept the offers 
of the Government of the United States for their removal to the 
west of the Mississippi river, and shall sell their lands in this State 
to the pre-emptive owners upon negotiations now pending, and in 
case the said Blue Eyes shall faithfully co-operate with and aid the 
said Heman B. Potter and his associates, as he may be advised 
from lime to time, by his services and influence at councils and 
confidential interviews, for the purpose of efTecting a treaty between 
the said tribe and the said proprietors for the effectual release and 
extinguishment of the Indian title of, in, and to the said reserved 
lands, which he engages to do, and to sign said treaty, and if such 
treaty shall be made and shall be thereupon ratified by the Senate 
of the United States, then the said Heman B. Potter, who is autho- 
rized to act in the premises for said proprietors, hereby stipulates 
and agrees for himself and his associates, to pay, or cause to be 
paid, to the said Blue Eyes, the sum of two thousand dollars in 
three months after notice of such ratification ; and also that the said 
Blue Eyes shall be entitled to a lease from the said pre-emptive 
owners or their trustees, of about fifty acres of land where he now 
lives, on the Cattaraugus reservation, for and during his natural 
life, to be terminated whenever he shall cease to live on and occupy 
the same, said lease to be executed as soon after said treaty as said 
ands shall be surveyed into lots. 

Witness our hand and seals, September 16, 1837. 

H. B. POTTER, [l. s.J 

his 
BLUE X EYES, [l. s.] 
mark. 

In presence of — Samuel Gordon. 



[ 195 ] 

[ No. 21. ] 

It is agreed between Heman B. Potter, of the city of Buffalo, of 
the first part, and George Big Deer, a Seneca chief of the Catta- 
iraugus reservation, of the second part, as follows: 

That in case the Seneca tribe of Indians shall accept the offers 
of the Government of the United States for their removal to the 
west of the Mississippi river, and shall sell their lands in this State 
to the pre-emptive owners upon negotiations now pending; and in 
case the said George Big Deer shall faithfully co-operate with, and 
aid the said Heman B. Potter and his associates, as he may be ad- 
vised from time to time, by his services and influence at councils, 
confidential interviews, and on all proper occasions, for the purpose 
of effecting a treaty between the said tribe and the said proprietors, 
for the effectual release and extinguishment of the Indian title of, 
in, and to the said reserved lands, which the said George Big Deer 
hereby agrees to do; and if such treaty shall be made, and shall 
be thereupon ratified by the Senate of the United States, then the 
said Heman B. Potter, who is authorized to act in the premises for 
said proprietors, hereby stipulates and agrees for himself and his 
associates, to pay or cause to be paid to the said George Big Deer, 
the sum of one thousand dollars in three months after notice of 
such ratification; and also, that the said George Big Deer shall be 
entitled to a lease from the said pre-emptive owners or their trus- 
tees, of about fifty acres of land where he now lives, on said Cat- 
taraugus reservation, for the term of ten years from and after the 
ratification of said treaty — determinable, however, whenever he 
shall cease to live on and occupy the same, to be executed when- 
ever said lands shall have been surveyed into lots. 

Witness our hands and seals, September 16, 1837. 

H. B. POTTER, [l. s.] 

his 
GEO. X BIG DEER, [l. s.] 
mark. 

In presence of — Samuel Gordon. 

[ No. 22. ] 

Articles of agreement, made and concluded this 29f.h day of July, 
1837, between Heman B. Potter, of the city of Buffalo, of the 
first part, and John Snow, a Seneca chief, of the Buffalo Creek 
reservation, in the county of Erie, of the second part. 

Whereas, in conformity with the declared policy of the Govern- 
ment of the United States, the proprietors of the pre-emptive title 
of and in the four several tracts of land, reserved by the Seneca 
tribe of Indians, within the said Slate of New York, are desirous 
to induce the abovementioned tribe of Indians to accept, for their 
future and permanent residence, a tract of country in the territory 



[ 196 ] 

west of the river Mississippi, appropriated for Indians inhabiting 
the Atlantic and other neighboring States, and are, also, desirous, 
by fair purchase, to extinguish the right of the said Indians in and 
to the lands in this State, so reserved by them : 

And whereas, in furtherance of these objects, and in order to a 
future treaty by which to effect the same, the said proprietors have 
authorized negotiations to be opened with the chiefs and other lead- 
ing men of the said tribe of Indians, and certain offers to be made 
to them in money as a permanent fund for the nation, and a com- 
pensation for their improvements ; and have also deemed it advis- 
able and necessary to employ the aid, co-operation, and services 
of certain individuals tcho are able to influence the said Indians to 
accept of the offers so to be made to them : 

And whereas, the said Heman B. Potter, the party of the first 
part, is empowered to act on behalf of the said proprietors, and to 
contract with any individuals whose co-operation and agency may 
be necessary and efficient, in accomplishing the abovementioned 
object; and the said John Snow, the party of the second part, has 
agreed to contribute his influence and services in the premises ; and 
in case of the extinguishment of the said Indian title to the said re- 
served lands as aforesaid, to sell to the said proprietors all and sin- 
gular his improvements, of, in, and to the same : 

Now, therefore, it is mutually agreed by and between the par- 
ties hereto, as follows : 

First. The party of the second part undertakes and agrees to use 
his best exertions and endeavors to dispose and induce the said In- 
dians to adopt and pursue the advice and recommendations of the 
Government of the United Slates, in respect to their removal and 
future location ; and on such said terms as the party of the first 
part, and his associates, in the name of the said proprietors, shall 
propose to sell and release, by treaty, their said reserved lands ; 
and on all occasions to co-operate with and aid the said party of 
the first part, and his associates, as he may be, from time to time, 
advised, in talks and negotiations with the chiefs and other influ- 
ential men of the said tribe ; and in the active application of his 
whole influence at councils, and confidential interviews, for the pur- 
pose of effecting a treaty between the said tribe and the said pro- 
prietors, for the extinguishment of the Indian title to the said re- 
served lands. 

Second. The second party of the second part hath sold, and 
hereby doth sell, to the said proprietors, all and singular his build- 
ings and improvements on the lands so to be released by treaty, 
and agrees to accept compensation therefor in the manner herein- 
after mentioned ; said buildings and improvements in the meantime 
not to be leased, or in any manner disposed of by said party of the 
second part. 

Third. In consideration of such efforts, co-operation, and ser- 
vices on the part of the said John Snow, faithfully bestowed in the 



[ 197 ] 

■pfemises, and of ihe sale and release of all and singular his said 
buildings and improvements upon any of the lands aforesaid, with- 
out leasing or otherwise disposing of the same, as hereinabove 
stipulated, the said Heraan B. Potter, on his part, and that of his 
associates, agrees to pay, or cause to be paid, to the said John 
Snow, the sum of two thousand dollars, within three months after 
notice cf the ratification, by the Senate of the United States, of a 
valid treaty between the said tribe and the owners of the said pre- 
emptive title, or their trustees, by which the right and title of the 
said Indians shall be effectually released and extinguished, in and 
to the said reserved lands ; subject, however, to the following quali- 
fication and understanding : that in case the said treaty shall pro- 
vide for the payment to individual Indians for their buildings and 
improvements, then and in that case the said party of the second 
part shall accept and receive, as part payment of the abovemen- 
tioned sum of two thousand dollars, such sum or compensation as 
he shall or may be entitled to, by and under the provisions of such 
treaty, for his said buildings and improvements, and the balance of 
the said two thousand dollars which shall remain, after deducting 
therefrom such compensation as aforesaid, and that only to be paid 
by the said party of the first part, as above specified, within the 
time abovementioned, or as soon thereafter as the said balance can 
be ascertained ; and in case said party of the second part shall be 
entitled, by and under the provision of said treaty, to the sum of 
two thousand dollars and upward, he shall receive the same as may 
be therein provided, and the said party of the first part shall be dis- 
charged from paying any part of said two thousand dollars. 

And the said John Snow shall also be entitled, at a nominal rent, 
to a lease from the owners of the pre-emptive title, or their trus- 
tees, of and for the lot of land actually imoroved and occupied by 
him, called the Whipple farm, near the old council house, on the 
Buffalo reservation, for and during his own natural life, determin- 
able when and as soon as he shall cease to live on and occupy the 
same ; said lease to be executed by the lessors as soon after said 
lieaty as said lands shall have been surveyed and allotted, said 
lease having reference to said survey- 

This agreement on the part of said party of the first part, being 
expressly dependant upon a treaty, to be made and ratified upon 
terms, conditions, and stipulations, to be proposed and offered by 
the said party of the first part, and his associates. 

H. B. POTTER, [l. s.] 

his 
JOHN X SNOW, [l. s.] 

Witness : mark, 

his 
George x Jimeson, 
mark. 

True copy : M. B. PIERCE. 

17* 



[ 198 J I 

P. S. — Maris B. Pierce, abovenamed, is one of the chiefs whc 
siijned the Buffalo treaty. 

[ No 23. ] 
Articles of agreement., made and concluded this 1th day of Au- 
gust, 1837, between Heman B. Potter of the city of Buffalo, of 
the first part, and Joseph Snow, a Seneca Indian, of the Catta- 
raugus reservation, in the county of Erie, of the second part. 

Whereas, in conformity with the declared policy of the Govern- 
uient of the United Slates, the proprietors of the pre-emptive title of 
and in the four several tracts of land reserved by the Seneca tribe 
of Indians, within the said State of New York, are desirous to in- 
duce the above mentioned tribe of Indians to accept for their future 
and permanent residence, a tract of country in the territory west of 
the river Mississippi, appropriated for Indians inhabiting the Atlantic 
and other neighboring States, and are also desirous, by fair pur- 
chase, to extinguish the right of said Indians in and to the lands in 
the slate so reserved by them : 

And whereas, in furtherance of these objects, and in order to a 
future treaty, by which to efiect the same, the said proprietors have 
authorized negotiations to be opened with the chiefs and other 
leading men of the said tribe of Indians, and certain offers to be 
made to them in money, as a permanent fund for the nation and a 
compensation for their improvements, and have also deemed it ad- 
visable and necessary to employ the aid, co-operation, and services 
of certain individuals, who are able to influence the said Indians to 
accept of the offers so to be made to them. 

And whereas, the said Heman B. Potter, the party of the first 
part, is empowered to act on behalf of the said proprietors, and to 
contract with any individuals whose co-operation and agency may 
be necessary and efficient in accomplishing the abovementioned 
object, and the said Joseph Snow, the party of the second part, 
has agreed to contribute his influence and services in the pre- 
mises : 

Now, therefore, it is mutually agreed by and between the par- 
lies hereto, as follows : 

First. The party of the second part undertakes and agrees to use 
his best exertions and endeavors to dispose and induce the said In- 
dians to adopt and pursue the advice and recommendations of the 
Government of the United Slates, in respect to their removal and 
future location ; and on such fair terms as the party of the first part 
and his associates, in the name of the said proprietors, shall pro- 
pose, to sell and release by treaty, their said reserved lands, and 
on all occasions to co-operate with, and aid the said party of the 
first part and his associates, as he may be from time to time advis- 
ed, in talks and negotiations with the chiefs and other influential 



[ 199 ] 

men of the said tribe, and in the active application of his whole in- 
fluence at councils and confidential interviews, for the purpose of 
effecting a treaty between the said tribe and the said proprietors, 
for the extinguishment of the Indian title to the said reserved 
lands. 

Second. In consideration of such efTorts, co-operation, and ser- 
vices, on the part of the said Joseph Snow, faithfully bestowed in 
the premises, the said Heman B. Potter, on his part and that of his 
associates, agrees to pay or cause to be paid to the said Joseph 
Snow, the sum of one thousand dollars, within three months after 
notice of the ratification by the Senate of the United Slates of a va- 
lid treaty between the said tribe and the owners of the said pre- 
emptive title or their trustees, by which the right and title of the 
said Indians shall be effectually released and extinguished in and to 
the said reserved lands. 

And the said Joseph Snow shall also be entitled, at a nominal 
rent, to a lease from the owners of the pre-emptive title or their 
trustees of and for the lot or piece of land, being about fifty acres, 
where he now lives, and actually improved and occupied by him, 
on the Cattaraugus reservation, for and during his own naturallife, 
or for the term of ten years, at his election, determinable, in either 
case, whenever he shall cease to live on and occupy the same ; said 
lease to be executed by the lessors, as soon after said treaty as said 
lands shall have been surveyed and allotted ; said lease having refe- 
rence to said survey for description. 

This agreement, on the part of said party of the first part, being 
expressly dependant upon a treaty to be made and ratified upon 
terms, conditions, and stipulations, to be proposed and offered by 
the said party of the first part and his associates. 

H. B. POTTER, 

his 
JOSEPH X SNOW. 

Witness : mark 

Samuel Gordon. 

[ No. 24. ] 

It is agreed between Heman B. Potter, of the city of Buffalo, of 
the first part, and George Lindsey, a Seneca chief, of the Buffalo 
Creek reservation, of the second part : 

That, in case the Seneca tribe of Indians shall accept the offers 
of the Government of the United States for their removal to the west 
of the Mississippi river, and shall sell their lands in this State to the 
pre-emptive owners, upon negotiation now pending, and in case the 
said George Lindsey shall faithfully co-operate with, and aid the 
said Heman B. Potter and his associates, as he may be advised from 
time to time, by his services and influence at councils and confi- 
dential interviews, for the purpose of effecting a treaty between the 



r 200 ] 

said tribe and the said proprietors, for the effectual release and eX' 
tinguishment of the Indian title of, in, and to, the said reserved 
lands, and if siich treaty shall be made, and shall be thereupon rati- 
fied by the Senate of the United Stales, then the said Hernan B. 
Potter, who is authorized to act in the premises for said proprietors, 
hereby stipulates and agrees, for himself and his associates, to pay, 
or cause to be paid, to the said George Lindsey, the sum of $100. 
in three months after notice of such ratification. 

"Witness our hands and seals, this 26th day of August, 1837. 
HEM AN B. POTTER, [l. s.] 

GEORGE LINDSEY, [l. s.] 



AFFIDAVITS, 

[ No. 25. ] 
State of New York, > 
County of Erie, \ ° 

James Shongo, a resident and one of the chiefs of the Seneca 
nation, being duly sworn, deposes and sailh: That he was present 
at the recent council where the commissioners presented a treaty 
to him to sign; that, being opposed to emigration, he with others 
refused to sign it; that late in the evening of the day that the coun- 
cil broke up, this deponent was urged to go down to the tavern on 
the reservation, kept by one Allen, where he found the commis- 
sioners; that, after having remained at said tavern for some time, 
that Job Whipple came down in the bar room, where this deponent 
was, and asked him to go up stairs, where he met H. B. Potter, Esq. 
one of the commissioners, and an interpreter; that said Potter told 
this deponent that he had come to see him for the last time; that 
this was the only opportunity for signing the treaty ; that if he 
signed now, he would be entitled to all the offers made him at the 
council; if he did not sign it, he would be compelled to go at any 
rate, for the land was sold, and that by refusing to sign, he would 
lose all of his improvements; that he was very sorry he had got to 
emigrate, Imt he would endeavor to help him all he could; and 
then offered the deponent one tliousand dollars, payable in three 
months after the treaty was ratified, if he would sign, and also 
twenty-five dollars in cash, and pay his board at Whipple's, where 
this deponent had boarded for two or three weeks; all of which 
offers this deponent utterly refused. Deponent then got up to leave 
the room, when the interpreter said to him that he ought to sign; 
deponent then asked why they did not pay him all the money at 
once? to which the interpreter replied, that they had paid out so 
much already to others that they were out. This deponent then 



[ 201 ] 

signed the treaty, but never would have done so, had not the com- 
missioners made him believe that a majority of the chiefs had sign- 
ed, and that the land was taken from them ; all of which this depo- 
nent has since ascertained td be wholly and utterly false ; that a 
majority of the chiefs have never signed the treaty; and that more 
than two-thirds of the nation are opposed to emigration; that this 
deponent is now and ever has been opposed to removal; and be- 
lieving that he should get nothing unless he signed, as the commis- 
sioner frequenUy told him that he would not, he did sign for the 
purpose of getting what he could for his improvements. And fur- 
ther says not. 

his 
JAMES X SHONGO. 
mark. 
Witness — Zachariah Jimeson. 

Subscribed and sworn to before me, this 1st day of March, 1838. 

D. TILLINGHAST, 
Supreme Court Commissioner, 

[ No. 26. ] 
State of New York, ? 
County of Erie, 3 **' 

John Snow, a resident and one of the chiefs of the Seneca na- 
tion, being duly sworn, deposes and saith : That he was at the 
late council on the Buffalo reservation, where the commissioners 
attended for the purpose, as stated by them, to effect a treaty for 
the removal of the Indians ; that two papers were presented, one 
for those to sign who were in favor of emigration, and one for those 
that were opposed ; that when this deponent was asked to sign, he 
told the commissioners that he was opposed to removing, and could 
not sign the treaty, and at the same time put his name, as he sup- 
posed, on the paper of those that were opposed ; that, one day af- 
terward, as he was going down to the council, this deponent met 
George Bennett, one of the chiefs, who told this deponent that it 
was useless for him to refuse any longer to sign the treaty ; that 
the Alleghany, Cattaraugus, Buffalo, and Tonewanda reservations 
were sold; that the treaty was concluded, and that they had got to 
remove ; that, unless he did sign the treaty, he would lose all his 
improvements, and be compelled at last to go. This deponent 
then thought if he had got to lose his improvements, if he did not 
sign, he would go and see the commissioners. Bennett then said 
he must go immediately; deponent then went down to the tavern 
kept by one Allen, George Jemison then came in and told depo- 
nent that Mr. Potter wished to see him, and had sent him (Jemi- 
son) after him. Deponent then went up stairs, where he met Mr. 
Potter and an interpreter. Potter then asked deponent how he felt 



[ 202 ] 

with regard to the proceedings of the council? Deponent then re- 
plied that he felt very hard about it; that he was very sorry tc 
hear that he and his people had got to go to the west, as they did 
not like the land there ; and further, he thought it was hard to lose 
his improvements; and he had made up his mind that he and his 
people should not go ; that his mother was very old, and he had 
much rather she should die here. Potter then said it shall be no 
loss to you ; there is a way for you to hold your land and your 
improvements ; and if he would join the emigration party and stick 
to it until ratified by Congress, he would give him two thousand 
dollars. Deponent then replied that he thought it was very wrong 
for him to do so, as the land belonged to his people as much as 
himself. Mr. Potter then said it would not be wrong for him to 
do so ; that he did not pay him the two thousand dollars for any 
thing, but gave it to him as a present; (he, the deponent, being a 
chief,) and if the deponent wished to remain, he could do so; he 
would help him all that he could. Deponent then replied, that he 
had made up his mind not to sign the treaty, but wished to save 
his property if it was possible. The interpreter then told deponent 
that if he did not wish to sign the treaty he need not, as he (depo- 
nent) could make a contract with Potter, which would obviate it. 
Potter then drew up a contract securing to the deponent two pieces 
of land which this deponent had, one of 80, the other of 70 acres, 
so long as he lived. [See copy of contract in the hands of the 
delegation.] Deponent then signed. And deponent further says, 
that as soon as he signed,. he saw Potter burn the original contract 
up, a copy of which this deponent had taken just previous, and now 
in his possession. Deponent further says that he did not wish to 
sign ; that when the contract was handed to him, the interpreter 
told him that he had got the contract in his possession and now he 
must sign. After waiting, thinking for some time, and believing 
that he had yet to do as was staled, this deponent signed the treaty, 
but under no circumstances would he have done so, did he not be- 
lieve, from what was stated, that a majority had signed the treaty, 
and that tliey had got to remove. Since then, the deponent has 
learned that a large majority of the chiefs are opposed to emigrat- 
ing, and more than two-thirds of the nation ; that this deponent 
never did, nor even now wishes to emigrate; that Reuben Half- 
town, Nathaniel Strong, Esquire, William Shanks, and Levi Half- 
town, who have signed the treaty, as this deponent is informed, 
are not chiefs of the nation, but put up by the emigration party, in 
1832, and have never been duly elected chiefs of the nation ; and 
further says not. JOHN SNOW. 

Witness — Zachariah L. Jimeson. 

Sworn and subscribed to before me, this 1st day of March, 1838. 

D. TH.LINGHAST, 
Supreme Court Commissioner. 



[ 303 ] 

I certify that James Shongo and John Snow, beforenamed, were 
sworn before me, by and through Zachariah L. Jimeson, sworn 
before me as interpreter, in relatior. to the matters of the aflidaviis 
by them subscribed above, and that they had had the contents of 
said affidavits explained to them in the Indian language, and they 
declared the same to be true. 

D. TILLINGHAST, 
Supreme Court Commissioner, 

[ No. 27. ] 
Erie County, ss. 

Samuel Gordon being duly sworn, deposeth and saith, that on the 
day the delegation started for the west, about the 20th of July, 1837, 
after the delegation had started, deponent and the emigrating party 
came back to the Bull's Head house in the city of Buffalo : James 
Stryker, Henry P. Wilcox, Heman B. Potter, and Allen, and all the 
chiefs in favor of emigration, were present at the tavern. The agent, 
J. Stryker, invited them to go up stairs, and he ordered on the bot- 
tles of liquor and sugar ; the chiefs partook freely, and the agent 
drank toasts to the health of the delegation who had started to the 
west. About the time they were drinking, Potter, Allen, and Wil- 
cox wished me to obtain the signatures of the chiefs. 

The delegation had gone without the consent of the nation. 
They wanted the chiefs to make out a paper and have it signed by 
the chief men and warriors by the time the delegation returned. 
They offered to pay me handsomely and bear my expenses, if I 
would get persons to sign. They wanted me to stay at Buffalo, 
and I did so, and when I found one that would sign, I took him to 
Gen. Potter. 

They wished me to associate with chiefs, and get them to assert 
that the country and land at the west was good ; and I got some to 
make the statement; I took J^evi Halftown to Buffalo for that 
purpose. 

When Little Johnson and H. Jones went west, deponent went 
down, and some warriors signed, and Potter paid them one dollar 
each, (in the presence of Levi Halftown.) Soon after L. Johnson 
went. Potter tried to make a bargain with me. Previous to that 
time, he had requested me to say that a great many chiefs were 
signing. 

After the deponent made his bargain, and after Halftown had 
made his. Potter told me to state to others, that a great many agree- 
ments had been made by the chiefs, and that a considerable amount 
of money was appropriated for that purpose. 

Deponent told others, that a great many had made their arrange- 
ments ; that if they did not accept the offer, that the land would be 
sold, and they would get nothing; that each chief made his own 
bargain, &c. When deponent brought in some chiefs, they refused 



[ 204 ] 

to sign without more money. Then Potter said, there are many 
that ought to have some money, and that the money was most 
gone, there have so many made bargains. To some they gave five 
dollars, and to some ten, and they agreed that no one should tell. 
Potter said, you must not tell, because I have given you more than 
the rest. 

After deponent entered into his contract, he made great endea- 
vors to get chiefs to sign. They gave him means and money to 
bear expenses of bringing them to the agents ; most all would 
agree to come to Buffalo. Some would not make bargains, as 
news got around that something was going on that was not right. 
Deponent made his bargain and bond in the morning, but Bennet 
would not make his unless the agent was present, and advised 
Bennet to take the offer. 

Stryker then sent Bennet and myself with a letter to Tonewonda, 
so that they might not be suspected of being agents to buy in 
chiefs ; the object was, however, suspected, and we denied it. We 
got Spencer Cone to enter into a bargain and brought him to Buffalo. 

They came to get all they could to meet at a certain place, and 
Allen would come to make arrangements. Stryker understood the 
arrangements. 

They continued running from place to place to get all they could 
to meet General Potter, who was ready to enter into a particular 
agreement with them. They transacted their business with closed 
doors. 

When the delegation who went to the west to examine the land 
were returning, deponent and several others of the emigration party 
were sent for to meet the delegation at Buffalo, on their arrival. 
When they arrived, Little Johnson and deponent walked up the 
street, and Johnson had been drinking a little. Deponent asked 
Little Johnson about the quality of the land at the west. He gave 
me to understand that the land was not good, but he was almost a 
mind to say it was good. I M-as sent to Cattaraugus to get Israel 
Jimeson and take him to Buffalo, the same night, 

Israel Jimeson and myself returned the next day. Gen. Potter 
asked me to conduct Israel Jimeson to his office, which I did. 
Potter then did his best to persuade Jimeson to favor his designs, 
and offered him five thousand dollars, Israel Jimeson whispered 
to me to ask Potter if he would give seven thousand dollars, though 
he said he did not mean to accept of any proposal, I asked the 
question, but did not receive answer at that time ; an arrangement 
was made, however, to meet the next day. Israel Jimeson asked 
Potter whether he was the agent to transact business for the com- 
pany ? He answered in the affirmative, and said Orlando Allen, 
Dr. Willcox, and Judge Stryker, were also agents to act for the 
company. Jimeson inquired if they had money plenty? He said 
not much, but they were making efforts to collect all they could. 



[ 205 ] 

(It is said to be understood that the five thousand dollars ofTered 
Jimeson was to hire him to say that the land was good.) When 
the time came the next day for Jimeson to meet General Potter, 
he did not go, and never has been since, to my knowledge. At 
the interview with General Potter, he showed Jimeson a large 
package of papers, which he said were articles of agreement with 
chiefs for removal, &;c. 

Twice 1 have been sent to Alleghany to pursuade the chiefs to 
sell their lands. The chiefs wished me to return to Hufl'alo, and 
ascertain precisely wiiat advantages we should receive if we agreed 
to remove to the west. Potter returned answer, that we give you 
an opportunity of signing, that you may stand an equal chance 
with other cluefs ; we have already got a majority, and the land 
will be sold at any rate. The Alleghany chiefs said that we will 
wait until we get a report from our delegation who have gone to 
the west, and then if the land suits us we will sign our names, but 
not otherwise. When the delegates returned from the west, they 
brought a bad report of the land, and therefore the Alleghany chiefs 
would have nothing to do with the treaty, except Long John, Jacob 
Jimeson, and John Gordon, who locked themselves up and were 
bribed to sign the paper. 

Gen. Potter, Allen, Wilcox, and Stryker, employed me and 
Bennet to go all round in the several villages to obtain all the 
names we possibly could, and they gave us money to pay those 
chiefs who would not sign without. Mr. Gillett also encouraged 
us to do the best we could. After the council was opened, and the 
commissioner was present, we were in constant trouble. We were 
urged to labor day and night to procure names, so that we had no 
time to rest. We had the promise of twenty-five dollars for the 
name of every chief we could obtain ; we obtained two and re- 
ceived fifty dollars. The commissioner told us one day, that he 
would bring in the treaty and lay it before them the next morning, 
and all might sign who chose. The agents of the land company 
also said they would make an estimate on the land, what they 
could give an acre, &c. Joseph Fellows was the principal actor 
at this time. When the agents of the company made their ofi'er, 
the chiefs concluded it was not sufRcient, and therefore would have 
nothing to do with it; the counciling, however, was kept up in 
different parties, and persons were running backward and forward 
from the agents to the chiefs, &c., until midnight, when they con- 
cluded to defer it until another time. The next morning I slept 
very late, and the first man I met after I arose was General Potter, 
who said, "You have overslept yourself, and was not present this 
morning when the terms were all settled with the chiefs : now be 
still and say nothing, and you shall have one hundred dollars to 
make up your deficiency in the value of land," &c. I received a 
hundred dollars, and also Bennet and some others ; Blue Eyes and 

18 



[ 206 ] - 

several others, received fifty dollars each, to reconcile them to the 
low price of the land. The treaty was kept on the table every day 
for two or three weeks to obtain names. Those who signed after 
the first, received no money of consequence, but the promise of 
money, goods, &c., when the treaty should be ratified. Some re- 
ceived small portions of money to encourage them, and some re- 
ceived goods at the time. 

Last winter, after Gillett returned from Washington, Stryker em- 
ployed me to make another efl'ort to get names. He sent me to see 
Israel Jimeson, and told me to do the best I could. He says, "You 
grease him well and I will swallow him." I told him it would do 
no good, but I would try. I took Jimeson before Gillett once, but 
it had no eficct. Gillett offered him the privilege of selecting his 
spot at the west, &c : it all did no good. 

Nathaniel T. Strong, when he started for Washington, went with- 
out the knowledge of the chiefs, or any authority. When he got 
to Buffalo, he sent George Jimeson back to get a paper from the 
chiefs, saying he was sent by them ; they gave him the desired pa- 
per, and sent it after him to Washington. Again, last winter, when 
Gillett returned to Washington, Strong, White Seneca, George Jim- 
eson, and Little Johnson, went with Gillett without any appoint- 
ment from the chiefs. While they were on the way, I understood 
that they drew up a paper and signed the names of the chiefs them- 
selves, thus forging their own credentials. 

I understand that Judge Stryker has pretended that he was igno- 
rant of the division of the Indians on the subject of emigration. 
Stryker is ready to accommodate the emigration parly with every 
thing they wish, while others can scarcely obtain any thing. 

I further state, that I have now changed my course, and aban- 
doned the emigration party, because I found, by close observation, 
that it was all a system of fraud and deceit. Furthermore, con- 
cerning the western emigration, I am satisfied it will be injurious 
to the welfare of the Indians. Here, they are already in comfortable 
circumstances ; many have comfortable buildings, and are advancing 
in property; therefore, I think 'they had better remain where they 
are ; and, moreover, here., the white people are ready to assist us 
in the cause of education- which would be, in my opinion, more ex- 
pensive at the west; also, they aie teaching us the arts of civilization, 
which we are unwilling to leave: we seethe practices of the whites 
and imitate them, and get along better than we used to do. If we 
should leave this place and go far away among the savages, we 
might decline in our habits, and become poor and miserable. Our 
yoimg men would probably lose their knowledge of the English 
language and habits of industry ; probably we should soon become 
like the natives of t!ie west if we went there. Another thing, 1 think 



[ 207 ] 

it reasonable that I should take the side of the majority and let them 
have their choice about their place of residence. 

SAMUEL GORDON. 
Sworn and subscribed, this 26th day of Auj^ust, 1839, before me. 

JOHN SHERMAN, J. P. 

[ No. 2S. ] 

Town of Callius, Erie county, ss. 

Morris Halftown, being duly sworn, saith that during the general 
council held on the Buffalo Creek reservation, in the year 1838, he 
called in at the public house known by the name of Allen's tavern, 
on said reservation. Z. L. Jimeson called to him, Judge Stryker 
took him by the arm and told him he must not go out, took him 
into a private room and told him to put his name to the treaty ; he 
told him he would not, as there were many of his friends and re- 
lations that are against it; Judge Stryker asked what he wanted; 
he answered nothing ; the reason why he would not put his name 
to the paper he had already stated; then the judge told him if he 
got tired he might lie on the bed, went out and locked him in ; by- 
and by Judge Stryker came in again, (the council was adjourned,) 
and told him that the treaty was all completed, and there was three 
thousand dollars reward for him; he still contended he would not 
put his name to the paper, but when all the chiefs put their names 
to that paper then he would. He then heard somebody coming 
into the room ; Mr. Allen, with a decanter of strong liquor came in, 
and told him he must drink, and said, " I know you are tired, drink 
of this ; he then took hold and drank of it ; they then took him into 
another room where Dr. Wilcox and Gen. Potter were ; Dr. Wilcox 
then told him he must put his name to that paper ; he then told 
them he would not ; they insisted on it he should ; Mr. Allen then 
goes down stairs and brings up George Jimeson ; then we had a 
good interpreter. George told him he must put his name to that 
paper, (we know you are a man;) Dr. Wilcox then told him he 
should have one thousand dollars for exploring the Indian Territo- 
ries west of the Mississippi about four years ago ; he then told them 
if they would give one hundred dollars to each of three of his friends, 
and four thousand dollars to himself, he would sign the treaty ; 
they agreed to it ; they told him he might have all the money he want- 
ed, from five to ten dollars at a time, and gave five dollars immediate- 
ly, and gave him much encouragement, and told him to call when 
he wanted money, and he did not fail in calling on them when his 
money run out. After all this he considered they were strong men 
armed, and had him in their power, and he yielded to them ; he 
knew it was wrong, not only to his own people but also to the Great 
Spirit. And on this consideration he had concluded to repent and 
return to his friends. He looked upon it as very sinful in the sight 



[ 208 ] 

of God, and that if iic did not repent lie should merit his displea- 
sure, his 

MORRIS X HALFTOWN, 
mark. 
Sworn and subscribed before me, this 26th day of August, 1839. 
JOHN SHERMAN, Justice of the Peace. 

[ No. 29. ] 
Sky Carrier, a chief of the Seneca nation of Indians, resident on 
the Unffalo Creek reservation, being duly sworn, deposelh and 
saitli : That, about three weeks after the commencement of the 
council held by commissioner Gillelt on said reservation last sum- 
mer, he was asked by one Billy Shanks to go to the tavern of one 
Allen, on the reservation near the council-house erected by said 
commissioner, to see the chiefs who had signed the treaty at the 
council ilie foregoing winter, the said Shanks telling this deponent 
that they were all then in the upper room of said tavern, and had 
agreed to sign again ; this deponent, not believing Shanks, went to 
said upper room to see whether the chiefs were there or not ; as 
the deponent was going into the front door of the tavern he was re- 
quested to stop until .Judge Stryker could see him, which he did. 
The judge immediately came out to meet him, and commenced 
conversation with this deponent, by assuring him that the treaty was 
ratified last winter, and the land gone, whatever might be the fate 
of the amendments, and that the wise men among the opposition 
party were trying to conceal the fact of the sale of the lands, for 
their own personal benefit, and to his injury ; and further told this 
deponent that he pitied him very much because he could not see 
through it, and that his only safe course was to join the emigration 
party, and then offered him (as he said) at his own expense a bar- 
rel of flour and other provisions, also promising for the company 
something handsome if he would now join said emigrating party ; 
llie judge then asked this deponent to go up stairs in said tavern 
and see the company and the chiefs, which he did. Shanks took 
him up stairs and handed him to a room, in which he did not find 
any person except one Samuel Gordon, who was confind to his 
bed sick at the time ; the said Shanks leaving him, professedly to 
find the chiefs before spoken of. Wliile this deponent was in said 
room, George .lemisonand White Seneca came in and said that White 
Seneca was appointed to tell him tlie facts in relation to the land 
question. The said Seneca then took this deponent to the other 
side of the room and told him that the treaty had been ratified, and 
the land sold last winter, and that he had l)etler provide for him- 
self and family, by accepting the offers of the company, and sign- 
ing the amendments. The said Seneca then told this deponent that 
he would send for II. B. Potter and Orlando Allen, as they were 
empowered to make bargains with the chiefs for their signatures to 



[ 209 ] 

the amendments. The said Seneca then sent Jemison for Messrs. 
Potter and Allen, who immediately returned with said Jemison to 
the room occupied by said Seneca and this deponent; Mr. Potter 
then entered into conversation with this deponent and assured iiim 
that tlie land was sold beyond recovery, and that he had belter do 
something for himself by accepting olfers which he should make, 
than to lose all by a refusal. Mr. Poller then offered him five dol- 
lars in cash in hand, upon which Jemison told this deponent to ask 
ten dollars, which he did ; that then Mr. Porter raa:le the further 
offer of ten dollars in hand and one thousand dollars two months 
from the ratification of the amendments; and also secure to him for 
his lifetime the possession of one hundred acres of land on the BufTa- 
lo Creek reservation, provided this deponent would sign the assent 
to the Senate's amendments. That then Mr. Potter, against this 
deponent's remonstrance, signed this deponent's name to a paper, 
and Mr. Allen gave this deponent ten dollars in money. And this 
deponent further saith, that he kept the ten dollars two days, and 
kept the whole transaction a secret from all but confidential friends, 
(chiefs,) and on the second day spoke in council and told all the 
facts as set forth in this affidavit, and also returned the ten dollars 
to said Jemison in the presence of the commissioner and General 
Dearborn, and all the chiefs in council assembled. Upon the con- 
clusion of this deponent's speech, Mr. Gillett arose and addressed 
him personally, calling on him to be as explicit on the next day 
in informing the council of those who had influenced him to make 
the disclosure, and also to return the money paid him by the emi- 
gration party for making such disclosure, and also to give the 
names of the men who had hired him to make his speech, and told 
him that he was a deceiver and had shown himself to be a liar by 
his ovvn story, and many other things of the like abusive character, 
which deponent will not now repeat. And this deponent further 
saith, that he did not let any while man know of the transaction 
with Potter and Allen until he made it known in council publicly, 
as heretofore stated. And this deponent further saith, that while 
Mr. Gillett was in Buffalo this winter and fall, he (deponent) was 
repeatedly called upon at his residence and solicited for his signa- 
ture, and at one time the said Seneca, and one Jemison came to his 
house at midnight and offered him one hundretl dollars to go to 
Buffalo and get the offers of Mr. Potter, who they said was now very 
liberal, which he refused. And this deponent further saith that he 
never signed said assent to the Senate's amendments ; and further 
saith not. his 

SKY X CARRIER. 

Witness — S. G. Heacock. mark. 

Sworn before me, this 7th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeih for Erie coitnti/. 
18* 



[ 210 J 

[ No. 30. ] 

Lillle Joe, a Seneca warrior, residing on the Buffalo Creek re* 
servalion, being duly sworn, deposelh and sailh : That, about three 
weelis before tlie close of the council held on this reservation last 
summer, lie was requested to go to Whipple's tavern on the reser- 
vation, which he did, and there found Mr. Orlando Allen, who 
asked him to sign his assent to the Senate's amendments, to which 
this deponent replied, that he was not a chieS, and had no right to 
sign the papers; whereupon, Allen asked this deponent to join the 
emigrating party and help them obtain signatures, to which this de- 
ponent replied, that he was not to be fooled as they were fooling 
others of his nation ; that then Allen asked this deponent up stairs, 
and on going up, he found in a room George Jemison ; that then Allen 
ofiered this deponent fifty dollars for his assistance in obtaining sig- 
natures, which this deponent refused, and then told Allen that he 
had done his business and would go home ; but that, after some 
n^ote conversation, this deponent resolved to act as a spy upon the 
company ; the company had been always secret in their operations, 
and the opposition party could not get any light of their proceedings ; 
whereupon, he again entered into conversation with said Allen, 
and agreed to meet said Allen in two days, at the council, which 
he did, and Allen took him to an upper room in C. R. Allen's ta- 
vern, where he found Judge Stryker and General Potter, and (know- 
ing tliat his own signature would be worth nothing) after some con- 
versation with the gentlemen in the room, he concluded to take 
eighty dollars and agree to assist the company, which money was 
then handed to this deponent by Doctor Wilcox. He was then 
sent to BufFalo with Mr. Whipple, to get two hundred dollars which 
Whipple gave this deponent, and this deponent was then empower- 
ed by the company (Potter, Allen, Wilcox, & (Jo.) to go to his 
Uncle George Oonjoceyta and offer him the two hundred dollars, 
and also a life lease of one hundred acres of land, provided he (his 
uncle) would agree to sign the assent to the Senate's amendments. 
And this deponent further saith, that their were two others, viz. 
George Fox and John Jemison, appointed for the same purpose 
with himself, and they were furnished money and told to use all 
means in their power to obtain signa'ures ; and further saith, that 
they were ordered by said company to get the chiefs drunk, or to 
pick up any that were so and bring them either to Wliipple's ta- 
vern or to Allen's, at which places some of the company were in 
constant attendance ; and further, that it was their business to work 
nights, and that they did so get many drunk, and took them to said 
taverns and delivered them into the hands of one of the said com 
pany or of their agents. 

And this deponent further saith, that he lived at Whipple's ta- 
vern at the expense of the company, and that every night either 
Potter or Allen, or one of their agents, was there until very late, 



[ 211 ] 

for the purpese of receiving such as might be intoxicated or other- 
wise induced to sign the assent to the amendments ; and further 
saith that there were many cases like (he following, which this de- 
ponent gives as an instance : 

When this deponent was one day coming out of the city of Buf- 
falo, he was met opposite the Bull's-head tavern by Judge Siryker, 
(the Indian agent,) and tohl by said agent tliat one George Fox 
was up-stairs, trying to get the signature of a chief called General 
John, or John General, and was asked by said Stryker to go up 
and assist said Fox. This deponent went up-stairs, and found 
Fox and General John, or John General, seated at a tabic, upon 
which was a bottle of liquor. Fox told this deponent that he could 
not get General to sign the paper, and left him with this deponent. 
This deponent then tried to get General away ; but as he was a 
man who loved the bottle, and very much addicted to intemparate 
drinking, he could not prevail on him. And this deponent further 
saith, that two days after, he asked Fox whether General did sign 
said treaty ; and that Fox told this deponent that on the evening 
General got so drunk, he did sign a paper, which was equivalent 
to signing the treaty. And this deponent further saith, that, at 
the close of the council held last summer on this reservation, he 
made an affidavit of some facts for the opposition party, which was 
said to be lost; and further saith not. 

his 
LITTLE X JOE. 
mark. 
Witness — S. G. Heacock. 

Sworn before me, this 7lh day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 31. ] 

Jacob Bennet, a chief of the Seneca nation, resident on the Buf- 
falo Creek reservation, deposeth and saith : 'I'hat while the coun- 
cil was in session last summer, he was asked lo go and see his bro- 
ther, who was sick at Allen's tavern, on said reservation, which he 
did, and, after some conversation with him, was asked to go into 
another room, wliicli he did, and there he found Judge Stryker, 
General Potter, and Doctor Wilcox ; immediately after being 
seated, he was left alone with General Potter; and after some con- 
versation with Mr. Potter, in which he (Mr. P.) pressed the con- 
versation, this deponent saying he did not wish to converse with 
him, but wished to see the agent, Mr. Potter, then told this depo- 
nent that he must talk with him, as he had signed the treaty last 
winter, and it had been confirmed, and the land was gone, and that 
this deponent, by signing the treaty last winter, had forfeited all 
his right to the same. 



[ 212 ] 

And this deponent further saiih, that he had made an agreemen 
with the said Potter the winter before, which agreement was re- 
duced to writing, and left in the hands of this deponent's brother; 
which, according to this deponent's best recollection and belief, 
was as follows : that, provided this deponent would sign the treaty 
and deed, he (Potter) would pay this deponent one thousand dol- 
lars within three months after the ratification of said treaty. And 
this deponent further saith, tliat he demanded of said Potter at this 
time, in the presence of his brother, that agreement, that it might 
be destroyed, which was promised to be given to him by his bro- 
ther; tliat, then, the said Potter told this deponent to set the 
amount that he would take to sign his name to the assent to the 
Senate's amendments, and he should have it; whereupon this de- 
ponent told the said Potter that he never would sign the said assent, 
at any price. That tlien the said Potter left the room, and the 
agent, Judge Slryker, came in and commenced conversation with 
this deponent, asking him the reason why he would not make a 
bargain with Mr. Potter, and expressed his sorrow that this depo- 
nent should pursue such a course, refusing such offers ; and further 
saith, that lie has been repeatedly asked by the agents to accept of 
the bribes of the company, and pressed by them to hard that he has 
had to run away from them. And this deponent further saith, that 
he has always utterly refused to sign his name to the assent to the 
amendments ; and further saith not. 

his 
JACOB X BENNET. 
mark. 

Witness : S. G. Heacock. 

Sworn before me, this 7th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Eric County. 

I No. 32. ] 
John Barks, a chief of the Seneca nation of Indians resident on 
the Buffalo Creek, reservation, being duly sworn, deposes and says : 
That about the close of tlie council, last summer, one George Jemi- 
son and one White Seneca came to his house about midnight, and 
told this deponent that they were authorized to make a new bar- 
gain witli this deponent, (referring to a bargain made last winter 
with H. B. Potter, which agreement was reduced to writing and 
left in the hands of George Jemison,) which, according to this de- 
ponent's best recollection and belief, was as follows: that, provided 
this deponent would sign the treaty and deed, the said Potter would 
pay him five hundred dollars upon the ratification of said treaty, 
and also procure for this deponent a life lease of three hundred 
acres of land on the Buffalo Creek reservation, to which he an- 
swered that he would do nothing abbut it. Jemison then told this 



[ 213 ] 

deponent that the land was gone, and that, unless he (this depo- 
nent) made some new arrangement, he would lose all ; that this de- 
ponent then answered him that he would not sign the assent, being 
determined to exercise his own judgment this time, his name hav- 
ing been obtained against his better judgment last winter, and that 
he should have his own way now ; and they miglit as well desist 
pressing him, as he was determined. Upon which they left the de- 
ponent's house about daybreak, having remained there, urging him 
all the time, from midnight as aforesaid. 

And this deponent further saith, tiiat while tlie Hon. R. H. Gil- 
lett was in the city of Buflalo this last fall, he was called to the up- 
per room of a tavern to see Mr. Gillett, when he tliere held a con- 
versation with George Jemison, under the following circumstances : 

The said Jemison, after holding a conversation with the said 
Gillett and Judge Stryker, told this deponent that he had belter sign 
the assent, as he would lose all unless he did, and that if this depo- 
nent would so sign he would be well paid, and that they could go 
into General Dearborn's room (who was sick at the time) and let 
him witness it, and that would be sufficient; and this deponent now 
declares that these offers were made in the presence of the said 
Gillett and Stryker, all of which, in their presence, he refused ; and 
further saith not. 

his 
JOHN X BARKS. 
mark. 

Witness — S. G. Heacock. 

Sworn before me, this 7lh day of February, A. D. 18.39. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie County. 

[ No. 33. ] 

George Conjoceyta, a chief of the Seneca nation, resident on the 
Buffalo Creek reservation, being duly sworn, deposes and says: 
That while the council was in session on this reservation last win- 
ter, he was called upon to come to Whipple's tavern to see his 
friend Jones, which he did, and was invited up-stairs, where he 
was offered, by said Jones, one thousand dollars, to be paid three 
months after the ratification of the treaty, and a life lease of one 
hundred acres of land, provided he would sign the treaty, which he 
refused, and told the said Jones that, if he should sign the treaty, 
he should look upon himself as no belter than a thief; that then 
this deponent was told by a chief, William Jones, that he was asto- 
nished that he did not accej)t of the offers made by his brother, as 
the family into which this deponent had married did not belong to 
the Seneca nation, and of course, if the land was sold, would have 
no part of the avails ; and further told this deponent that there was 



[ 214 ] 

no doubt but that the land would be sold, and that he had better 
provide for himself and family, by accepting said offers. 

He however refused all the offers made him at the time, and this 
deponent further saith, that he has been repeatedly called upon in 
the night at his house, and requested to go to the tavern to make 
arrangements for himself and family, by signing the treaty and ac- 
cepting the offers made to him by tlie company; and that his 
nephew, Little Joe, at one time offered him two hundred dollars in 
hand over and above the offers beforementioned, for his signature, 
saying that he was empowered to make such oflers by the purchas- 
ing company ; all of which this deponent has absolutely refused. 

And this deponent further saith, that he has been informed that 
his name is attached to the assent to tlie Senate's amendments. To 
which ttiis deponent declares, that he never did sign said assent, or 
make his mark thereto, and that if his name is so atfixed to said 
assent, it is a forgery; and further saith not. 

his 
GEORGE X CONJOCEYTA, 
mark. 
Witness — S. G. Heacock. 
Sworn before me, this 7th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Dtedafor Erie county. 

[ No. 84 ] 

Samuel Wilson, a chief of the Seneca nation of Lidians, resident 
upon the Buffalo Creek reservation, being duly sworn, deposeth and 
saith: That while the council was held on this reservation last 
summer, he, this deponent, was called to Whipple's tavern, by one 
Fisher Pierce, professedly to settle some business in relation to 
damages done by the defendant; upon arriving at the tavern, he 
was requested to go to an upper room in said tavern, which he 
did; after some conversation with said Whipple, the Lidian agent 
(Judge Slryker) came in, and entered into conversation with this 
deponent, and assured him that the treaty was ratified and the land 
sold ; to which this deponent answered, that unless he signed his 
name to the assent presented by Gillett, his (the deponent's) former 
signature to the treaty was good for nothing. Mr. Slryker again 
assured deponent that he was mistaken, and that the land was sold, 
and urged deponent to give his signature to the assent, and accept 
of the offers of the company made to deponent, which this depo- 
nent says were reduced to writing at the time of the council last 
winter, and signed by H. B. Potter, and given to one Orlando Allen 
for safekeeping, and which, according to the best recollection of 
deponent, was in substance as follows: That provided this depo- 
nent would sign the treaty and deed, he should have a ten years' 
lease for one hundred acres of land on this reservation, free from 



[ 215 ] 

rent and taxes, and three hundred dollars in cash, to be paid three 
months after the ratification of said treaty ; and also, five dollars in 
hand." Tiiat then Mr. Slryker told this deponent that he was cer- 
tainly mistaken, for the land was certainly sold ; and told this de- 
ponent that he would call up-slairs one Orlando Allen, who under- 
stood the matter perfectly, and leave the question to him, upon 
which, Allen was called, and he came into the room ; and this said 
Allen took from his pocket the agreement before referred to, and 
urged this deponent to make a new bargain, and provide for his 
family. This deponent then asked Allen why he wanted a new 
bargain, as Judge Slryker had just told him that the land was gone 
beyond recovery ; to which Allen replied, that the land was sold, 
but that the company had pity on them, and wanted to provide for 
them well hereafter ; to which this deponent replied, if the land is 
sold, why are the commissioner and superintendent holding coun- 
cil? Whereupon, the said Allen and Slryker assured the deponent 
that they were right, and that deponent was mistaken; and they 
requested and urged the deponent to give his assent, which he re- 
fused to do; whereupon, they told him to set his price, as they 
were empowered to make a bargain with him ; upon which he, the 
deponent, told them that he would not set any price, and that he 
would not sign the assent at all. 

Judge Slryker then offered this deponent fifteen hundred dollars 
for his signature, which this deponent refused; Judge Stryker (the 
agent) then offered a suit of clothes for the deponent's whole family 
if he would sign, and provisions as much as he wanted, which he 
refused; the judge then told deponent to ask as much money as he 
wanted ; if lie wanted fifty or one hundred dollars in his pocket, as 
he went down stairs, he should have it. And further, the said Al- 
len and Stryker told this deponent that he 7nust sign, for he was 
bound by the agreement before referred to, which this deponent ab- 
solutely refused to do, agreeing, however, to tell said Allen and 
Stryker his determination at the opening of the next council. And 
then this deponent left them and returned to his house, about two 
miles from the said tavern, just at daybreak, having been detained 
in said upper room of said tavern all night, by said Allen and the 
Indian agent. Judge Stryker. 

And this deponent further sailh, that at the opening of the next 
council he was called, by said Pierce, to the upper room in one C. 
R. Allen's tavern, for the purpose of delivering to said Slryker and 
O. Allen his determination, according to his promise. This depo- 
nent then told said Allen that he should not sign the assent, and 
that he rejoiced that the Senate had given him an opportunity of 
undoing what he was in a manner forced to do the winter belore ; 
upon which said Allen again assured this deponent that he was 
mistaken, that the land was sold, and that he had better provide for 
himself by accepting of the offers made him ; this deponent then 



[ 216 ] 

answered, that if such was the fact, there was no use in talking 
about it, and immediately left the room and went down stairs. 

And this deponent further saith, that about two days after the 
foregoing conversation was had, he went to the agent to get some 
provisions for some of the chiefs who were putting up at the depo- 
nent's house, and that the agent left him in an upper room of said 
Allen's tavern, with the said 0. Allen, who then reiterated his for- 
mer oilers, and his former assurances as to the absolute sale of the 
lands, and requested this deponent to hear the opinion of commis- 
sioner Gillett on the question; to which this deponent assented, 
Mr. Gillett immediately came into the room and took his seat by 
this deponent, and showed to this deponent a paper which he told 
this deponent was from the President, and that he would read it to 
him, which he did; the said Gillett read from said paper, that the 
land was sold beyond recovery, and assured this deponent that he 
must be mistaken; this deponent then told the commissioner that 
he had heard him say so before in council, but that he did not be- 
lieve him. And this deponent further declares, that Mr. Gillett told 
him that he would see he was mistaken, and that he had better ac- 
cept of the fifteen hundred dollars offered by said company, and 
provide for himself and family; and also, that the company's offer 
was made because they pitied his situation. This deponent then 
left the house. 

And this deponent further saith, that the next morning he was 
met, on his way to council, by one John Jemison, an agent for the 
company, and offered, over and above the former offers made to 
him, two hundred dollars cash in hand if he would sign the treaty, 
which he refused. 

And this deponenr further saith, that he has been informed that 
his name is affixed to the assent to the Senate's amendments; to 
which he declares, that he has never signed his name or made his 
mark, giving his assent to said amendments, and that if his name or 
mark is so affixed, it is a forgery. And further saith not. 

his 

SAMUEL X WILSON. 

mark. 

Witness — S. G. Heacock. 

Sworn before mc, this 7th day of February, A. D. 1839. 

H. A. SALISBURY. 
Commissioner of Deeds for ±Jrie county 

[ No. 35. ] 

William Jones, a chiel of the Seneca nation, residing on the Buf- 
falo Creek reservation, deposeth and saith : That, about the time, 
and according to deponent's best recollection, on the same day on 
which the last delegation started to go and explore the country be- 
yond the Mississippi, designated for the New York Indians, Hora- 



[ 217 ] 

tio Jones, of Moscow, Genesee county, requested the deponent to 
cross the Buffalo creek with him near its mouth ; and deponent ac- 
companied him to the lighthouse, where they spent the greater part 
of the day. Said Jones continued urging deponent to assist him in 
his efforts to effect the removal of the Senecas, and promising that 
deponent should receive a large amount of money in case he would 
consent to do so ; and deponent not consenting, he at length pro- 
mised deponent that, if deponent would assist him, he, in turn, 
would assist deponent to obtain a portion of his father's estate, and 
he thought they would be able to make out seven or eight, or per- 
haps fifteen hundred dollars. Deponent replied, '* 'Squire, I am 
sorry to have any connexion with so mean a man. If you and my 
brothers have any thing to give me, give it freely, and do not at- 
tempt by this means to draw me into such a disgraceful business, 
for I will do no such thing," or words to that effect. 

After this, deponent was repeatedly urged, by different indivi- 
duals, to aid the emigration cause, with assurances of receiving a large 
compensation for his services. About the time when Mr. Gillett 
first came to hold a council for the purpose of making a treaty with 
the Senecas, in consequence of difficulty with one of the chiefs, de- 
ponent was induced to hold conversation with the agents of the pre- 
emptive owners, in which conversation. General Potter informed 
deponent that he might have choice, to receive a bond from him or 
from the brothers of deponent, for the fulfilment of the contract. — 
This deponent then concluded a bargain with General Potter, and 
agreed to sign the treaty, in consideration of receiving a deed of two 
hundred acres of land, in a specified place, and five hundred dollars 
in cash, within three months after the ratification of the treaty by 
the Senate of the United States, And this deponent received bonds 
executed by deponent's brothers for the fulfilment of the contract. 
This was done, and deponent's name was affixed to the treaty at 
Allen's tavern, and not at the council-house. After this, deponent 
was kept at the said tavern many nights till very late, often till mid- 
night, by the purchasing company, for the purpose of interpreting 
for them to such persons as their night runners might secretly bring 
in. And deponent was oftentimes called out in the night from his 
own house, to go and converse with different individuals; and once 
deponent was called up out of his bed in the night by General Pot- 
ter, to go and call M. B. Pierce, that Potter might have an oppor- 
tunity to converse with him. And, in one instance, Dr. Wilcox 
came to deponent's house, to make a bargain with a chief wiio was 
sick at deponent's house, and gave him $25 to sign a power of attor. 
ney for affixing his name to the treaty, and promised him more after, 
ward. Gen. Potter also offered $50 to deponent if deponent would 
go and induce Seneca White to sign the treaty, but as deponent knew 
that said White had already determined to sign, this deponent 
thought it would be wrong to receive the money, and declined. Gen 

19 



[ 218 ] 

Potter also oflered deponent $50 if he would persuade M. P. Pierce 
to sign the treaty, but deponent declined this also, for the same reason. 

Soon after the commencement of the council last summer, James 
Wadsworth, agent for the Ogden Company, came to this deponent's 
house in company with Horatio Jones, and endeavored to influence 
deponent to sign the assent to the amendments. He first endeavored 
to do so, by making deponent believe that the Senate would take 
up the old treaty again and ratify it, without the amendments, in 
case the chiefs should refuse their assent to the amendments; and 
when deponent could not be moved in this way, he proposed to de- 
ponent that he would give deponent his own bond instead of depo- 
nent's brothers, as it would look better, and he would be more sure 
of collecting it. He also urged deponent to say what sum of money 
h would be willing to receive, instead of the two hundred acres of 
land for which he had received a bond when he signed the original 
treaty ; and afterward urged deponent to say what amount of money 
should be added to the five hundred dollars then promised, in order 
that deponent should sign the assent, and go on and aid them in car- 
rying the treaty into efi'ect. And during the progress of the coun- 
cil, said Wadsworlli did repeatedly and often urge deponent, in a 
similar manner, to espouse his cause. Deponent was also repeat- 
edly urged, in a similar manner, by General Potter, Dr. Wilcox, and 
Judge Stryker, and deponent^s brothers, and other persons in the 
company's interest, so that at last deponent felt constrained to tell 
ihem not to come into his house again for such a purpose, for depo- 
nent could not bear it any longer. After which they ceased to visit 
deponent's house, but still frequently sent him word that they were 
desirous of conversing upon the subject. And further this depo- 
nent saith not. his 

WILLIAM X JONES. 

Witness — S. G, Heacock. mark 

worn before me, this 7th day of Februarv, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 36. ] 

David White, a chiei of the Seneca nation of Indians, resident 
on the Buffalo Creek reservation, being duly sworn, deposes and 
says: That while Commissioner Gillett was in Buffalo last fall, 
one John Jemison, (an Indian, and runner for the purchasing com- 
pany) came to this deponent, and offered this deponent one thou- 
sand dollars cash in hand, provided this deponent would go down 
to Buffalo to the Mansion House, (a tavern,) and sign the assent to 
the Senate's amendments, which this deponent absolutely refused; 
And further saith not. DAVID WHITE. 

Witness : S. G. Heacock, 

Sworn before tne, this 7th day of February, A. D. 1839. 
II. A. SALISBURY, Commissioiier of Deeds for Erie county. 



[ 219 ] 

f No. 37. ] 

John Tallchief, a chief of the Seneca nation of Indians, being 
duly sworn, deposeth and saith : That last summer, about the 
time of commencement of the council held by Mr. Gillett, tiiere 
was a meeting of the chiefs at the house of William Jones, which 
meeting this deponent started to attend; and on his way to said 
meeting, deponent met George Jimeson, a little before he arrived 
at Allen's tavern, on said reservation; and said Jimeson told this 
deponent that he had come to meet him, for the purpose of indu- 
cing this deponent to renew his arrangement with GJeneral Potter. 
This deponent replied, that he would not consent at all to converse 
with General Potter. Said Jimeson then told this deponent that 
the land was sold beyond recovery, and that, inasmuch as tiiis de- 
ponent signed his name last winter, and they still had it upon the 
treaty, his signature would still be of full force, and have the same 
effect, as it did last winter. This deponent then replied, that he 
believes that his signature has ceased to have any effect, and that 
he is liberated from the engagement he then made, because the 
Government of the United States have sent back the treaty, with 
alterations, and have sent their commijaioner, and t!ie superinten- 
dent on the part of Massachusetts, to renew the negotiations. This 
deponent said further, that he would not give his assent to the 
amendments of the Senate; for this deponent signed the treaty last 
winter, with the full expectation that the Senecas would obtain 
certain timbered lands belonging to the Cherokees, because the 
lands appropriated to the New York Indians are mostly prairie, 
with an insufficient quantity of timber; but now it is fully ascer- 
tained that said timbered lands cannot be obtained from the Chero- 
kees, and therefore this deponent will not on an}^ account sign the 
amendments of the Senate. The said Jimeson then replied, that 
he spoke to deponent on this subject, because he loved and wished 
to promote his interest, and wished to have deponent receive money 
after the land was gone, and that if this deponent would make a new 
bargain with General Potter and Dr. Wilcox, that he should receive 
much more money than he was to receive by the bargain he made 
last winter. This deponent then replied, that he would now have 
nothing to do with this business. Said Jimeson tiien asked depo- 
nent, if he would rather not have a single penny when the land is 
gone. This deponent answered, "Yes, I would rather not have a 
single penny." Jimeson then asked deponent, if he could receive 
an order from the agent to procure provisions, inasmuch as rations 
are provided for all the chiefs who attend the council. Deponent 
replied that he would receive the provisions. Jimeson then re- 
quested this deponent to return with him to the tavern. Then 
Jimeson returned, and deponent followed behind slowly to the 
tavern, and stopped at the door, where Job Pierce, Little Joe, and 
Levi Halftown, were sitting. Levi Halftown then said to this de- 



[ 220 ] 

ponent, "Go in, you cannot help yourself now, you signed your 
name last winter." This deponent then told them, he was deter- 
mined not to do any thing about it again. N. T. Strong then spoke 
from a window over-head, and called this deponent to come up 
stairs. George Jimeson also urged him to go up. Deponent an- 
swered that he was unwilling to go up. Job Pierce then said to 
this deponent, " You do not like then to have a single cent when the 
lands are sold." This deponent answered, that he sh ould feel more 
contented not to receive a single cent. They then proceeded to 
urge this deponent to go up stairs. This deponent then asked Little 
Joe what he should do; and had Little Joe himself signed? Joe 
replied that he had himself signed, and "you can do as you please ; 
just as you think best for yourself; every man must consult his own 
interest." Deponent tlien said he was unwilling to do any thing 
about it. They urged this deponent to go in, telling him that if 
he was still determined to adhere to his purpose, there was nothing 
within to turn him, and he might come out again safe in a little 
while. This deponent then went into the chamber, where he found 
General Potter, Judge Stryker, and Dr. Wilcox. Mutual saluta- 
tions were then exchanged, when Judge Stryker said he would 
make out an order for provisions, which he did for a barrel of flour, 
and thirty pounds of pork, and gave to this deponent. General 
Potter then spoke to this deponent, requesting him to renew his 
engagement, which was entered into with him last winter. This 
deponent answered, that he could not do it, for last winter deponent 
understood that the Senecas were to receive good lands, and well 
timbered, beyond the Mississippi, whereas, it is known now that 
the timbered lands cannot be obtained, and the country is prairie, 
so that the case is now materially changed; and deponent can in 
no wise consent to any new arrangement; neither can deponent 
consent to go into that country should the people remove, but will 
only go to Grand River, in Canada. General Potter then replied, 
that "every one can do as he pleases about that; and if any one 
wishes, we can take his goods into the wagon, and carry him to 
Grand River, and let him get out there; or else, if he choose, take 
him to that Indian country." General Potter also then offered to 
give deponent one thousand dollars, if deponent would sign the 
assent to the Senate's amendments, to be paid to him in three 
months after the ratification of the treaty ; at the same time telling 
this deponent, that he did not wish deponent to sign at the time, be- 
cause there were older men whom he wished to have sign first in 
open council ; and that after they had done so, there would be an 
opportunity for others to come and sign in the night, who might be 
unwilling to do so in open council ; and that if this deponent would 
prefer to sign secretly in tlie night, he might come and do so; and 
that whenever this deponent should come and sign, he should re- 
ceive one hundred dollars in cash, in addition to the above-men- 



[ 221 ] 

lloned one ihousaml. Gen. Potter then urged this deponent to return 
to the tavern where ihey were that eveninfif to finish the business, and 
also urged deponent not to mock him by failing to do ?o, for that he 
(Potter) was a great man, and when great nicu make bargains or 
engagements, it is considered a great abuse for one party to mock 
the other by a failure, George Jimeson then said to deponent, " If 
any one inquires of you, answer him that you have signed the as- 
sent." And then he went on to urge this deponent to return that 
evening. This deponent replied that he probably should not return, 
for probably the chiefs would not be willing, as their minds were 
strongly fixed. Jimeson urged that deponent might do it secretly 
after dark, when no one is travelling about to observe him, or that 
deponent might give a power of attorney to any of the chiefs who 
should sign that day in open council, who might sign for him, and 
thus deponent need not be suspected. This deponent replied that he 
could not conceal himself in this way, for the opposition would also 
have their papers, and as soon as deponent should refuse to sign in 
opposition to the treaty, he would be at once suspected of having 
signed. This deponent then said, "I will go out now." Jimeson 
replied, " Be sure and return to-night." Deponent then returned 
to the council house, and directly after, Blue Sky, a chief from Tone- 
wonda, called this deponent into the grove, and inquired of him if 
he had signed the treaty. This deponent replied that he had not 
signed, but that he had been invited to return to-night. Blue Sky 
then exhorted deponent to repent, and to refuse to sign, saying that 
many would be made poor and wretched if deponent should persist 
in signing, and it would be very hard to see him on one side with 
his pockets full of money, and a multitude on the other side desti- 
tute of every thing ; and as he considered the case, he supposed him 
to be angry, and talked very hard to this deponent. This deponent 
then promised Blue Sky to comply with his wishes, and told him 
that as yet nothing had been done, only that deponent thought he 
would go in and hear. While this conversation was going on, the 
emigration party went into the council-house ; and betbre this de- 
ponent and Blue Sky entered the council-house, the commissioner 
had commenced speaking ; and as they came in, he was saying that 
every one ought to do just as he pleased, and decide freely for him- 
self. Deponent was surprised when he contrasted this with the 
efforts which had just been made to bias the mind of this deponent. 
And after the commissioner had finished, those chiefs who were wil- 
ling to sell came forward and signed the assent to the Senate's 
amendments. Sixteen persons signed publicly in open council- 
After this, one of the opposition chiefs desired the commissioner, 
Mr. Gillett, to stop and witness the signatures of those opposed to 
emigration. This Mr. Gillett refused to do. But the superinten- 
dent from Massachusetts consented to remain, and witness their 
signatures. Then sixty-four chiefs, according to this deponent's 

19* 



[ 222 J 

best recollection, came forward and signed the remonstrance against 
the treaty. While this was going on, this deponent went forward 
for the purpose of signing the remonstrance, and remarked before 
the council that the commissioner had often said that every one 
should be allowed to decide for himself voluntarily, and it was this 
deponent's voluntary choice to sign the remonstrance. The super- 
intendent from Massachusetts then inquired of this deponent if he 
had not signed the assent. Deponent replied that he had not. He 
then inquired if deponent had not signed a power of attorney for 
some person to sign the treaty on his behalf This deponent then 
replied that he had not, and that he had only engaged to return to 
the tavern in the evening. Then two of the judges of the county 
court who were present, and the superintendent from Massachusetts, 
and another white man from Buffalo, said, let him put his name 
down ; and this deponent then signed the remonstrance. This de- 
ponent further saith, that about two days after this he was awaked 
in the evening by a noise at the door, and White Seneca came in 
and told him that he had a carriage waiting for him at the door, and 
that the two commissioners were waiting for deponent at the tavern. 
This deponent replied, that he was unwilling to go, and thought it 
would be a sin for him to sign the assent after having signed the 
remonstrance. White Seneca then told this deponent, that if he 
should now go to the tavern, and sign in the presence of the super- 
intendent tVom Massachusetts, it would have the effect to render 
null and of no effect his signature to the remonstrance ; and that if 
deponent would do so, he should receive one hundred silver dollars 
immediately, and one thousand dollars in three months after the 
ratification of the treaty. He then urged this deponent very hard 
to get out of bed, and accompany him to the tavern. This deponent 
refused to comply. He then inquired if it was deponent's fixed de- 
termination not to sign. This deponent told him that he was re- 
solved never to sign the assent. He then asked if deponent would 
prefer, when the land is sold, to go away without a single cent. 
This deponent replied that he would prefer to go without a single 
cent, rather than be scorned and censured by his people for signing. 
White Seneca still continued urging deponent to get up and go, 
saying, that he had all things ready, it would take but a little while 
to drive to the tavern, the business would be quickly finished, and 
they could drive home quickly, and no one would know it. Depo- 
nent's wife being sick, she requested deponent to give a light. And 
as soon as d(>poncnt had done this, Seneca turned his face from the 
light, and shortly after went out. The two following nights deponent 
stayed away from home, and deponent's wife informed him that 
some person called f )r him each night. The third night deponent 
stayed at home, but kept himself up stairs, and some person came 
and called for him tliis night also. This deponent further saith, 
that he has heard that iiis name is affixed to the assent to the Se- 



[ 223 ] 

nate's amendments ; but if it be so, it was never put there by this 
deponent, nor with his consent or knowledge, nor hath this depo- 
nent ever signed any paper empowering any other person to si^n 
said assent in his behalf, knowing or suspecting that to be the pur- 
port of such paper. And further this deponent saith not. 

his 
JOHN X TALLCHIEF. 
mark. 
Witness : — S. G. Heacock. 
Sworn before me, this 7th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie County. 

[ No. 38. ] 

William Cass, a chief of the Seneca nation, residing on the Buf- 
falo Creek reservation, being duly sworn, deposeth and saith : That 
the agents and runners of the company who have been endeavoring 
to purchase the Indian lands, have, at divers times, urged this de- 
ponent to espouse their cause, and especially about the time when 
the commissioner of the United States Government, Hon, H. R. 
Gillett, returned to procure the assent of the chiefs to the Senate's 
amendments to the treaty ; but this deponent continually refused, 
because this deponent believed it would not be for the interest of his 
people to remove to the western country. In particular, after Mr. 
Gillett's return, this deponent was frequently visited by Tall Peter, 
who told this deponent that he was sent by General Potter and Or- 
lando Allen, and who, in their behalf, very earnestly urged this de- 
ponent to sign the assent to the Senate's amendments. He often 
urged this deponent to accompany him to the house of his son, 
James Young, for the purpose of conversing with General Potter, 
who, he said, was there waiting for him, but deponent continually 
refused to do so. 

On a certain occasion, said Peter came and called this deponent, 
and told him that a certain paper had come to his son's house, 
which his son would read to this deponent. Deponent then went 
to James Young's house, where, instead of a paper or letter, this 
deponent found that Orlando Allen was there waiting for deponent. 
Said Allen then told deponent that he had been sent by General 
Potter to converse with deponent, and that it would have the same 
effect as if he should converse with General Potter himself, Allen 
then said his business was to induce deponent to make an arrange- 
ment to secure for himself some advantage from the business which 
was then going on, for the treaty was about to be ratified ; for all 
that now remained was for the President and Secretary of War to 
affix their signatures, and the treaty would not again come before 
the Senate ; and it was already known that the President and Se- 
cretary of War were in favor of the treaty, and would immediately 



[ 224 ] 

sanction it. Tiiis deponent then replied that he would not sign the 
amendments. Allen then told deponent that it was in vain for de- 
ponent to think of preventing the treaty from taking effect, for de- 
ponent could do nothing to hinder it; and that, if deponent persisted 
in refusing to sign, it was no matter, for they had already obtained 
signatures enough to ensure its ratification ; and that Mr. Gillett 
had only returned because he had promised the Indians, at the 
close of the council last fall, that he would return again. There is 
not much more need of names, only for the sake of having all feel 
satisfied, and to give an opportunity to them to make some profit by 
it if they wish, for the names already signed are sufficient to ensure 
the ratification. He then told deponent just to make a bargain. — ■ 
Deponent replied that he was unwilling to emigrate. Allen told 
deponent, tiiat deponent could not help himself; still deponent 
could remain if he chose to do so, or at :my rate he could remain ten 
years ; and, at last he said deponent could stay as long as he lived, 
if that was deponent's wish, and that deponent might have two 
hundred acres of land, and that deponent might receive $2,000 after 
the ratification of the treaty, and that he would also give deponent 
three hundred dollars, cash in hand, in case deponent would sign 
the assent. Deponent then replied that he could not do it; that he 
was unwilling to sign. Allen replied, that it was useless for depo- 
nent to refuse, for this deponent's na.me was already written on the 
assent, and if deponent still refused to make his mark, some one 
else would make the mark against deponent's name and get the 
money, and deponent would get nothing. He then urged this de- 
ponent to sign, saying that any one of dej)onent's friends might 
otherwise cross deponent's name and obtain the money, instead of 
deponent. Deponent then said, "Well, I will do it, but I do not 
believe it to be right, and I do not wish the land to be sold; I do 
not do it freely and voluntarily, but because of these circumstances." 
Allen then requested this deponent to accompany him to Allen's 
tavern, where the commissioner was in waiting. Deponent replied, 
" Not to-night; wait till to-morrow first." Allen answered, that it 
must be done that night, because the commissioner was going to 
start in the morning, and there could be no opportunity unless it 
should be done that night, and urged deponent to go to ihe tavern 
with him immediately. This deponent then went to the tavern, 
and found there Mr. Gillett and General Dearborn ; and Mr. Gillett 
wrote deponent's name on the paper purporting to be the assent, 
and deponent made his mark, antl afterward the said Allen paid de- 
ponent the three hundred dollars which he had promised. Depo- 
nent further saith, that he regrets what was done that night exceed- 
ingly ; and that it then was, and still is, deponent's wish that the 
land should not be sold, and deponent wishes to have his signature 
erased from the assent, or otherwise rendered of no effect by the 
Senate ; and deponent is very sorry that he was tempted in the 



[ 225 ] 

manner above described ; and deponent wishes to tell the Senate 
that he regrets it, and to request them to take off his name. And 
further deponent saith, that he is now ready to return to said Allen 
the three hundred dollars, provided his name is considered by the 
Senate as fraudulently obtained, and as invalid and of no use ; and 
further saith not. his 

WILLIAM X CASS. 
mark. 
Witness — S. G. Heacock. 

Sworn before me, this 9th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 39. ] 

John General, a chief of the Seneca nation of Indians, residing 
on the Buffalo Creek reservation, being duly sworn, deposes and 
says: That he is in the habit of getting intoxicated almost every 
lime that he goes to the city, and has the money to do so. And 
this deponent further says, that near the close of the council, held 
here last summer by R. H. Gillett, Esq., he started one morning to 
goto Buffalo, and that as he came near to one Whipple's tavern, he 
turned aside and went to the city by a back road ; and that as he 
came within one raile of the city, he was intercepted by Messrs. 
Job Whipple, the tavern-keeper, and George Fox, one of the run- 
ners of the purchasing company, who had discovered this deponent 
on said back road, as he passed behind said tavern, and was asked 
by said Fox where he was going. To which he replied, to Buffalo. 
" So am I," said Fox, "and I will be your company." Fox imme- 
diately got out of the wagon, and Whipple returned to his tavern 
with the wagon and horses ; and Fox accompanied this deponent 
toward the city. They soon came opposite to a grocery, into 
which Fox asked this deponent ; and, after some hesitation, this de- 
ponent went in, and then Fox asked him to drink, which he did. — 
They then continued their walk to the city. Fox asked the depo- 
nent into the BuU's-head tavern ; this deponent, after a great deal of 
hesitation, went into said tavern, and went up stairs with said Fox, 
where he found one Orlando Allen in said upper room. Allen 
handed this deponent a chair, and went out, saying that he would 
return in a few minutes, which he did, bringing with him a 
bottle of rum, which he set upon the stand. Then the said 
Allen asked the company to drink his health, which they did. 
The said Allen then commenced conversation with this depo- 
nent, by saying to him, that the amendments of the Senate 
were so much more liberal to the Indians, than the provisions 
made in the treaty for them, that they must give their assent, and 

also congratulated this deponent on the fact that he (this deponent) 



[ 226 ] 

was one of those chiefs to whom the purchasing company feit a 
particular regard, and upon whom they were about to confer great 
favors. That notwithstanding he did not sign the treaty last win- 
ter, yet the land was gone, and that the company were willing to do 
something handsome for him, if he wished to provide for himself, 
by signing the assent to the amendments. To which this depo- 
nent answered, that he understood the whole matter, and that 
his mind was the same that it was last winter, determined not to 
make a treaty with the United States. Then Fox asked this depo- 
nent to drink again, as rum was provided for him ; to which he as- 
sented and drank again with said Fox and Allen ; upon which Al- 
len left the room, and went down stairs, saying that Fox under- 
stood the whole matter and would explain it to him. Fox then as- 
sured this deponent that there were many professedly iu the oppo- 
sition party, who had made their bargains with the company, and 
would sign the assent and leave this deponent homeless, without 
any provision for liimself and family and urged this deponent to ac- 
cept of offers which might be made to him, as his only safe course. 
The said George Fox then told this deponent, that if he would 
sign the assent, he should be well clothed from head to foot, and 
his pockets filled with money, if this deponent so chose to have it. 
And after some conversation, this deponent told Fox that he did 
not wish to talk more with him on the matter; upon which Fox 
nsked this deponent to drink. This deponent then told Fox that 
he was not dry and would not drink, that whai was ia iha bottle 
was all-powerful and might bear him down upon the floor. Fox said 
that he had not drank much, and that he had better take another 
glass, as he could notdiscover that thisdeponenthad drank anything. 
And, after much urging, this deponent stepped up to the bottle and 
drank again with said Fox. And as the deponent turned round from 
the bottle, he saw Judge Stryker, Indian agent, looking in at the door 
of the room, the door being open just far enough to admit Stryker's 
head. Upon the agent's seeing that this deponent saw him, he 
dodged back and closed the door; immediately Orlando Allen came 
in with some provisions on a plate, which this deponent ate. This 
deponent then told Fox that he should go out, but Fox objected to 
his doing so, unless this deponent left his hat in the room ; and 
this deponent wishing to see how the liquor aftected him, went 
out and found that he could walk very well. When this deponent 
came into the room again. Fox said that it was customary to drink 
after eating, so they each took another glass of rum. Sometime af- 
ter this one of the company's runners, by the name of Little Joe, 
came into the room, as also the said Allen, and after some further 
conversation, the said A-llen and Fox left the room. Little Joe then 
told this deponent tliat he had better go away, as he was not in 
condition to transact business. While the said Joe was in the 
room, this deponent went to the bottle and drank alone; Allen and 
Fox soon came iu and Joe went out. Allen immediately took the 



[ 227 ] 

bottle down stairs and got it filled again with liquor. After drink- 
ing, this deponent believes he went away. 

And this deponent further saith, that he has been informed that 
his name was affixed to the assent to the Senate's amendments. 
To which this deponent, now sober, not having drank any liquor 
for three days past, solemnly declares that he never so alfixed his 
name to the assent, unless it was when he so was drunk that he did 
not know it, and has never since remembered it ; and further saith 
that, if his name or mark is so affixed to said assent, it has been ob- 
tained fraudulently, and not with his sober free will and consent ; 
and further saith not. 

his 
JOHN X GENERAL, 
mark. 
Witness — S. G. Heacock. 
Sworn before me, this 7th day of February, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 40. ] 
Little Joe, a runner, of the Seneca nation of Indians, resident on 
the Buffalo creek reservation, being duly sworn, deposes and says : 
That in a former affidavit made by this deponent, he omitted to state 
some facts. First, That there were frequent meetings of the purchas- 
ing company, with those who were hired as runners, to devise means 
to accomplish their (the company's) purpose ; that at such meet- 
ings their was a bounty of $40 premium offered to such runner as 
should obtain the signature of chiefs, to papers said to be pow- 
ers of attorney, made either to the Indian agent, or one of the com- 
pany, or one of the emigrating Indians ; said power empowering 
said agent, member of said company, or Indian, to affix said chief's 
name to the assent to the amendments, And further saith, that 
the runners were instructed to leave no means untried to obtain the 
signatures of chiefs to said papers, especially with such as could be 
worked upon by liquor ; and farther saith not. 

his 
LITTLE X JOE. ; 
mark. 
Witness — S. G. Heacock. 
Sworn before me, this 7th day of February, 18.39. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 41. ] 
The subscribers, chiefs of the Seneca nation of Indians, resident 
on the Buffalo Creek reservation, being duly sworn, depose and 
say : 



[ 228 ] 

That they have been informed that some of the names of chiefs 
who belong to the party opposed to emigration, are signed to the 
assent to the Senate's amendments, presented by Ransom H. Gil- 
lett, Esq., commissioner for the United States to make a treaty 
with said Seneca nation, by which they should agree to go to the 
west within five years from the ratification of said treaty ; and fur= 
ther say that they believe the commissioner has been imposed upon 
in manner following, to wit: 

First : the agents of the Ogden Company have taken private In- 
dians to the commissioner, pretending to him that they were chiefs, 
and have hired them to mis-name tliemselves, by adopting the names 
of chiefs in the opposition, and have so obtained many names now 
affixed to the aasent to the Senate's amendments, now in the hands 
of the President. 

And second : that there are numerous warriors who are of the 
same name with chiefs, who may have been hired to sign their 
names, and the commissioner, not knowing who were chiefs, might 
in this way have been imposed upon. 

And third. They have no coniidence in the supervision of their 
agent of the signatures, as they believe him to be as ready to de- 
ceive as any of the agents of the company before mentioned. 

The undersigned do, therefore, solemnly depose, that they are 
chiefs of the Seneca nation of Indians, and severally declare that 
they have never signed their names or made their marks to the 
assent to the Senate's amendments, knowing what they did at the 
time ; and further say not. 

Big Kettle his x mark. Johnny John his x mark. 

Wm. Grouse his x mark. John General his x mark. 

Harry Two Guns his x mark. Mark Charles his x mark. 

Jacob Bennett his x mark. Jack John his x mark. 

Daniel Two Guns his x mark. John Kennedy his x mark. 

David White his x mark; Sky Carrier his x mark. 

Wm. Jones his x mark. Samuel Wilson his x mark. 

George Kenjockety his x mark, John Tall Chief his x mark. 
Joel Hemlock his x mark. 

Sworn before me, this 7th day of July, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county, 

[ No. 42. ] 

I, Major Jack Berry, one of the chiefs of the Seneca nation, re- 
siding on the BulTalo Creek reservation, having this day been told 
that one Orlando Alkjn and one Seneca Jones, liave both made affi- 
davit, that in the month of January, A. D. 1838, they called upon 
me pursuant to a promise made to said Allen, that I would sign a 
treaty with the United States, by which the Six Nations of Indians 



[ 22U ] 

agree to accept a large tract of country west of the State of Mis- 
souri, and to emigrate to the same, &c., and that then and there 1 
told him that I was willing to sign the treaty, but that I dare not do 
so in consequence of threats from warriors of the said Seneca na- 
tion ,• that if I did sign it they would knock out my brains, or words 
to that effect ; that I the said Berry might hereafter sign the treaty, 
but that I dare not do so at the present time, " on account of said 
threats:" to all of which I wish to say, that I never did say that I 
was willing to sign the treaty, and that I never made to any person 
or persons a promise to sign the treaty, and that I never made, as 
my strong reason for not signing, the threat of said warriors ; and 
moreover, that no warrior ever did make such threat to me. But, 
on the contrary, I have always been opposed to emigration, and to 
the disposition of our lands to the Ogden Company, and that I told 
said Allen and Jones of the threat spoken of, for the purpose of 
showing the feeling of the nation on the subject of emigration and 
the disposition of their lands; and moreover, that I have been re- 
peatedly solicited to sign the treaty, but have as often refused, and 
the following is a recital of some of such solicitations. Last winter 
I was offered money for my signature, by the said Allen, \vho was 
acting for the Ogden Company, and at the same time at which he 
says I told him of my fear of the threat of the young warriors, 
which conversation was at my house, the said James being at the 
same time present ; and about the same time I was solicited by In- 
dians said to be in the employ of the agents of the Ogden Company, 
to come to the tavern near the council-house, where the commis- 
sioners and the agents of said company were in constantattendance ; 
one of these requests was made to me at my house, some two or 
three miles from said tavern, one moi'ning before the break of day, 
the messenger saying that H. B. Potter and Orlando Allen, with our 
agent, Judge Strykcr, had sent him with horses and sleigh to re- 
quest my attendance. I then refused, and did not go. I have told 
the said Allen at different times that I would not say any thing to 
him on the subject, and at one time was so importuned for my sig- 
nature, that I left my own house and went to a neighbor's to get 
clear of his solicitations; and I have been also importuned by the 
said Allen, accompanifd by Judge Stryker, our agent, at my dwell- 
ing, this summer, since the session of the present council. I told 
them then, as always, that " I never will sign the treaty or amend- 
ments ;" upon which they both offered me a residence here and my 
support as long as I lived, if I would sign the assent to the amend- 
ments now before the council; that they did not wish me to go to 
the west, but that I should have my own residence and support 
secured here as long as I lived. 

And further, I wish to be distinctly understood, that T do not now 
act, nor have I ever acted, in the withholding of my signature, in 
fear of the threat spoke of, but have and do now act, believing it to 

20 



[ 230 ] 

be for the best interests of those I represent, not to accept of the 
offers of either the Ogdcn Company, or the Government. 

his 
IVIAJOR JACK X BERRY. 
Witness — S, G. Heacock. mark. 

Sworn before me, this 7th dav of July, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county, 

[ No. 43. ] 

' Daniel Two Guns, a chief of the Seneca nation of Indians, re- 
siding on the Buffalo Creek reservation, in the State of New York, 
being duly sworn, deposes and says: That he has been informed 
that his name is affixed to an order for a part of the New York an- 
nuities for the year 1838; and this deponent now says, that if his 
name is so affixed, the same is a forgery, and that he never did sign 
an order for any of the New York annuities : and further says, that 
he has been informed that a part of the New York annuities for 
1839 ha-s been drawn on an order of four of the emigration chiefs, 
and that the agent has received the said annuities : and this depo- 
nent says, that neither he nor the party opposed to emigration have 
received any money from said annuities ; and that the money, if so 
drawn, is either in the hands of the agent or of the emigration party : 
and this deponent further saith, that, while a delegation from his 
nation was at the west, exploring the country, he entered into an 
agreement with H. B. Potter, in which he agreed to aid the purchas- 
ing company in the purchase of the lands belonging to the Seneca 
nation ; for which Potter agreed, under his hand, to pay this depo- 
nent two thousand dollars three months after the ratification of the 
treaty, and to give him a life lease of one hundred and fifty acres of 
land on the Buffalo Creek reservation ; and that while R. H. Gillett 
was holding a council with the chiefs of said nation, in the year 
1837, on account of the reports brought from the western country, 
this deponent refused to sign the treaty and deed, whereupon the 
said Potter offered this deponent four thousand dollars ; and then 
the former agreement was burnt up, and a new one entered into, 
under their hands, in which Potter agreed to pay this deponent four 
thousand dollars three months after the ratification of the treaty ; 
and this deponent further saith, that while the emigration chiefis 
were in council with the Ogden Company as to the price of their 
lands, the chiefs asking $2 50 per acre, the Ogden Company ofi'er- 
ing about $1 80 per acre, this deponent was taken by H. B. Potter 
into another room, and was told by said Potter, that if he would 
sign the treaty, and say no more about the price of the land, he 
would give him two hundred dollars in hand, and three hundred 
dollars three months after the ratification of the treaty, in addition 
to the four thousand dollars before mentioned ; to which this depo- 



[ 231 ] 

nent agreed, and did sign the treaty and deed, and was paid the two 
hundred dollars by the said Potter; and this deponent has been often 
solicited by the purchasing company to hold conversation with 
them, but always refused. 

And this deponent further saith, that he, with one John Kenne- 
dy, was appointed to accompany Charles R. Gold, to Washington, 
and to carry the papers upon which the Indians opposed to emigra- 
tion rested their defence ; and that he, about the middle of January, 
1839, on the evening before they started for Washington, went to 
the office of said Gold, and received a carpel bag from the hands of 
said Kennedy, which he supposed to contain the said papers; that 
he took the said bag and went to his lodgings, and when he went to 
his room he covered it up with his clothes, and locked the door and 
went to bed : in the morning he found the bag undisturbed ; that he 
then took the bag with him into the stage, and kept it with him all 
the time; taking it with him to his meals, keeping it in his liand all 
the time while not in the stage, except at his meals, and keeping 
his foot upon it then, and while in the stage. When the delegation 
arrived at Geneseo, Gold requested this deponent and Kennedy to 
stop until evening, which they did. Sometime in the morning, 
Mr. Gold, with James Wadsworth, (the agent of the Ogden Com- 
pany,) came up to the tavern at which this deponent had put up ; 
and Wadsworth said to this deponent and Kennedy, that if they 
would go home and abandon the defence against the treaty, he, 
Wadsworth, would pay them any amount they might name, stating 
that the treaty had already cost the Ogden Company a great deal of 
money, and that he wislied it ratified ; to which this deponent made 
no answer; that Wadsworth and Gold then went away, and in the 
afternoon Gold came back to the tavern, and inquired for the bag, 
in order (as he said) to get a vest: this deponent then handed Gold 
the bag, which was opened in the presence of said Kennedy, Gold, 
and this deponent; that Gold then put his hand into the bag and 
took out some old clothes and some old newspapers, telling this de- 
ponent and Kennedy that, just as he expected, they had lost the 
bag, and that if they had left the bag with him, all would have been 
safe : this deponent then told Gold that he had not lost the bag, but 
that this was the bag which he had received at Gold's office in 
Bufi'alo ; that Gold then told this deponent and Kennedy that they 
had better go on to Washington without the papers, and that they 
could defeat the treaty without them, which this deponent refused 
to do; that then this deponent and Kennedy came back to the city 
of Buffalo, and Gold weat on to Washington ; and after a lapse of 
about three weeks, this deponent went on to Washington with as 
many papers as he was able to collect while at home ; and further 
saitli not. DA.NIEL TWO GUNS. 

Subscribed and sworn before me, this 31st day of August, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ 232 ] 

[ No. 44. ] 

John Kennedy, .Tr., a chief of the Seneca nation of Indians, resi- 
dent upon the Rufi'alo (^reck reservation, being duly sworn, deposes 
and says : That he was appointed in January, 1839, as a delegate 
from his nation, with Daniel Two GJuns, to accompany Charles R. 
Gold, to Washington, to oppose the ratification of the treaty, and 
to carry the papers upon which the nation rested their defence 
against said ratification ; and that the day before the delegation 
started from the city of Buffalo, he, with some of the chiefs of said 
nation, went to the office of said Gold, and having inspected the 
papers, found them all as they should be : that then one S. G. Flea- 
cock (who had been invited to accompany the chiefs to said Gold's 
office) put up the papers, and put them into a carpet-bag in said 
Gold's office : that then Gold and himself went out to get an oyster 
supper, Glod leaving nobody in the office; that when they returned 
they found in Gold's office Daniel Two Guns ; and this deponent 
further saiih that he has seen the affidavit made by Daniel Two Guns, 
drawn up this day, that sets forth the facts in relation to their jour- 
ney to Geneseo, and their return to Buffalo; and further saith that 
James Wadsworth, the agent for the Ogden Company, has often 
offered him a warranty deed of two hundred acres of land for his 
influence and exertions for the emigration party : and further saith 
not. JOHN KENNEDY, Jr. 

Subscribed and sworn before me, this 31st day of August, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 45. ] 

William Jones, a ciiief of the Seneca nation of Indians, being 
duly sworn, deposes and says : That he has before made affidavit, 
in which he stated that he was to have two hundred acres of land 
for his name to, and exertions for, the treaty and deed ; and this de- 
ponent further saith, that when he heard of the amendments made 
to the treaty, by the United States Senate, he was opposed to the 
ratification of the treaty and the sale of the lands of the nation ; and 
that he has been repeatedly called upon by James Wadsworth, the 
agent of the Ogden Company, who has offered him as follows .- 
That, provided this deponent would give his assent to the amend- 
ments, he (Wadsworth) would give this deponent his bond for the 
two hundred acres of land agreed to be given this deponent by his 
brothers, or in place of the land, any price he should ask, up to 
fifiy dollars per acre, making ten thousand dollars, which should be 
secured to tliis deponent by his (Wadsworth) personal bond; all of 
which this deponent refused; and further saith not. his 

WILLIAM X JONES, 
mark. 
Subscribed and sworn before me, this 3 1st day of August, 1839. 
H. A. SALISBURY, Commissioner of Deeds for Erie county. 



t 233 ] 
[ No. 46. ] 

Seneca White, a chief of the Seneca nation of Indians, resident 
on the Buffalo Creek reservation, and in the State of New York, being 
duly sworn, deposes and says : That he did, in company with some 
other chiefs, sign an order for the moneys due the Seneca nation of 
Indians from the State of New York, in the year 1837; and that 
said order was given to Judge Str3'kcr, Indian agent, to draw the 
money upon, but that the said money, to this deponent's knowledge, 
was never paid to the Seneca nation. This deponent then, with 
other of the chiefs of his nation, remonstrated to the Government 
against the course pursued by their agent : and this deponent fur- 
ther says, that he has been informed that his name was affixed to 
an order for the New York annuities for the year 1838 ; and that, 
if such is the fact, the same is an unqualified forgery ; and this de- 
ponent has been further informed, that the New York annuities for 
1839 have been drawn by the agent, on an order of the emigration 
chiefs, one cent of which has not been received by the nation ; but 
which, if so obtained, has been kept either by the agent or the emi- 
gi'ation party ; and he further saith, that the party opposed to emi- 
gration has not received any of the moneys due from the State of 
New York for the three years last past. And this deponent further 
saith, that while R. H. Gillett, Esq., was holding council with the 
said nation in the fall of 1837, he entered intered into an agreement 
with H. B. Potter, under their hands, by which H. B. Potter agreed 
to pay this deponent three thousand dollars, to be paid in three 
months after the ratification of the treaty, and that this deponent 
did then sign the said treaty ; and this deponent further saith that 
when the Senate sent the said R. H. Gillett to the said nation, with 
the amended treaty, in 1838, to obtain the consent of the chiefs 
to the amendments, this deponent was then opposed to a re- 
moval of his nation, and to the sale of their lands : that then H. 
B. Potter came to this deponent and offered him, in addition to his 
former agreement, one thousand dollars, provided this deponent 
would give his assent to the amendments, which this deponent re- 
fused : that then H. B. Potter asked this deponent for his agree- 
ment which he refused ; but after some conversation it was agreed 
that the said agreement should be destroyed, which was done. And 
this deponent further saith, that in the fall of 1838, while Mr. Gil- 
lett was receiving signatures to the assent to the amendments of the 
Senate, at a tavern in the city of Buffalo, one George Jemison, in 
the employ of the purchasing company, came to this deponent's 
house and offered him General Potter's agreement, for six thousand 
dollars, to be paid in three months after the ratification of the treaty, 
and a life lease for as many acres of land as this deponent should 
name, provided this deponent would come down to this city and 
sign his name to the assent, then held by R. H. Gillett, Esq.; all of 
which this deponent refused. And this deponent further saith, that 

20* 



[ 234 ] 

R. H. Gillett, the commissioner, agi'eed that one thousand dollars 
should be paid to liini, provided the treaty should be ratified ; and 
further saith not. SENECA WHITE. 

Subscribed and sworn before me, this 31st day of August, A. D. 
1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 

[ No. 47. ] 

Henry Two Guns, a chief of the Seneca nation of Indians, resi- 
ding on the Buffliio reservation, being duly sworn, deposeth and 
saith : That, in 1837, he signed his name, as one of the chiefs of 
the Seneca nation, to the order of James Stryker, Indian agent, au- 
thorizing him to draw the New York annuity on behalf of the na- 
tion ; and that this annuity so drawn by the agent by virtue of the 
order so signed, was never paid over to the nation, but was retained, 
as this deponent believes, in the hands of said Stryker. He further 
deposes that he did not sign his name to the orders by which the 
annuities were drawn in the years 1838 and 1839, and that the 
annuities drawn by the said Stryker for those years have never 
been paid over to the nation, but have been applied, as he fully be- 
lieves, to the said Stryker's personal uses ; and that the annuities 
thus withheld, amount to between three and four thousand dollars 
for each year ; and further saith not. 

HENRY TWO GUNS. 

Sworn and subscribed before me, this 31st day of August, A. D. 
1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 

[ No. 48. ] 
Mark Charles, Sky Carrier, John Tall Chief, John General, and 
George Kcnjukeyda, (or Conjocety,) chiefs of the Seneca nation of 
Indians, resident in the western part of the State of New York, 
being duly sworn, depose and say : That they have been informed, 
that their names are affixed to powers of attorney, empowering some 
one to affix their names to the " assent to the Senate's amend- 
ments ;" and these deponents now declare that, if their names are 
affixed to any paper in which their assent is given to the amend- 
ments, or to any writing representing them to be in favor of a re- 
moval of their nation to the west, the same is a wilful and unquali- 
fied forgery ; and further saith not. 

MARK CHARLES, his x mark. 

SKY CARRIER, his x mark. 

JOHN TALL CHIEF, his x mark. 

JOHN GENERAL, his x mark. 

GEORGE KENJOCETY, his x mark. 
Subscribed and sworn before me, this 81st day of August, A. D. 
1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 



[ 235 ] 

[ No. 49. ] 
Mark Charles, a Seneca chief, residing on the Buffalo Creek re- 
servation, being duly sworn, deposes and says: That a little after 
the delegation from the opposition party had started for Washing- 
ton last winter, an Indian by the name of John Jimeson, employed 
as a runner for the purchasing company, came to the house of this 
deponent in the night, in company with a white man by the name 
of Benjamin Dole, a friend of Judge Stryker, and at whose store 
most of the provisions used by the Indians, in the time of Gillett's 
council, were purchased ; and both of tliese persons advised and 
urged this deponent to make an agreement with the purchasing 
company, alleging, as a reason, that it was too late to oppose, for 
we could now do nothing of any avail, for the land is all sold. — 
This deponent replied that he was reluctant to hold conversation 
with them on these points in the night time, but only in the day- 
light. They then urged this deponent to get into their carriage 
and ride to Whipple's tavern, where they said that Orlando Allen, 
Dr. Wilcox, Judge Stryker, and General Potter, were in wailing 
to make the agreement, and others to witness it. This deponent 
then replied that he would not go with them to such a place, and 
for such a purpose, in the night time ; that this deponent was more- 
over much displeased by what they were doing, running here and 
there through the reservation in the night time. This is not the 
way with wise men, to prowl about in the night time only, with 
a view of tempting men. The said Dole then replied to deponent. 
Only just go there for a little while; in two hours you shall be 
back again to your house. This deponent replied. You are crowd- 
ing upon me too hard, but you will not prevail, for I shall not ac- 
company you to Whipple's to-night, and you had better now just 
go along about your own business, especially if you are not willing 
to talk with me in the day time. But in case you should be 
willing to talk in the day time, you can then come back, and I will 
converse with you. Dole then urged this deponent to be calm, and 
said. These men are the servants of the pre-emption company, and 
it is best to treat them decently, and if you will go to Whipple's, 
you shall not loose anything by it, for as soon as you get there, you 
shall be paid five dollars. Deponent replied, I do not like your 
proceedings — you treat me like a little child — your proposals can- 
not be complied with — you had belter start — I will talk with you 
no longer — this is all. Dole then answered: Well, I will return, 
but as soon as you have an opportunity, as you are daily in the 
city, call in and let us there have further conversation. Only this 
I tell you, as my last words to you, I think you have lost greatly 
by the course you have taken ; you have lost the money you might 
have received, and you have also lost your lands, and your wile, 
also, has lost in the same manner. Deponent replied, I also will 
give you my last word ; I have not given up our land, and I will 



[ 23G ] 

not give it up; I will hold fast the possessions of the nation ; and 
one thing is very plain, you man-hunters will not scare me to give 
it up. Dole then replied: Well, I will go home now, but you must 
certainly call on me in Buffalo, whenever you come there. Depo- 
nent replied : Well, I always go to all places of public resort, still 
I shall retain my own power of choice upon the subject. Then 
they departed from the house of this deponent. 

Three days after, this deponent started to go to Buffalo to get his 
horse sliod; on coming to the Sulphur spring, he met a boy sent 
by John Jimeson, to call this deponent. Deponent asked him. Who 
else besides Jimeson wants to see me ? He replied, Orlando Allen 
is there, and wishes very much to converse with you. Deponent 
replied: He can talk with me if he pleases, for I am now going to 
Buffalo. The boy then returned, and deponent passed on to 
Buffalo. On arriving at tlie Hydraulic tavern, near where depo- 
nent's horse was to be shod, John Jimeson came along, and urged 
this deponent to go and converse with Allen. Deponent replied : 
He can have the liberty of saying to me what he pleases — he must 
choose for himself. Jimeson replied : But I will tell you a little 
what you may expect to hear from him. He wishes to talk on the 
subject of your being so hard in your opposition. Deponent then 
said nothing, and went to the Indian blacksmith shop. Soon after, 
Jimeson came, and said : I have come to call you ; yonder is Allen, 
let us go and talk with him. Deponent replied : Let him come 
here, we shall not be likely to talk long. Jimeson then went back, 
and soon after he and Allen came to the blacksmith shop, and called 
deponent a little aside, and Allen said. Let us cross the street and 
go up stairs, there is a very good room there, where we can eon- 
verse a little while. Deponent said, We can just as well talk here by 
the side of the way. Allen replied. Just come up for a moment or 
two, and then you can come down again. Deponent then went up 
with them into a room, where he was alone with these two per- 
sons, Allen and Jimeson. Then Allen said, I only wish to get 
you to think of your own interest, and to deliberate on the way in 
which you are to enrich yourself and your children, and your wife. 
It is not necessary for me to go back far, for you well understand all 
these matters. He also said. You shall be very well satisfied, for 
there is no failure about the pre-emption company. They can pay 
all they promise, and you shall be abundantly satisfied. Only 
you shall just name whatever great amount of money; the pre- 
emption company are good men, and they will let you have any sum 
whatever that you shall specify. And as to the land, perhaps you 
will like to remain here, and let the others go beyond the Missis- 
sippi; just state how many acres you would like to reserve for your- 
self, and it shall be yours. Only do not push away from yourself 
such a grand opportunity of becoming very rich. You shall be 
very happy ; you shall have nothing to do but to stay in your 
house ; and you shall be able to build a new splendid house for 



[ 237 ] 

yourself, and to hire your servants to work for you, wliilc you sit 
within and enjoy it. Allen said, Moreover, I should like toliave 
George Jimeson come in. He is out seeking for sonic person ; 
just let him come in and be present with us, and let General Potter 
come in also. Deponent then replied, I do not wish them to come, 
either of them. Allen then rose up and stepped to the door and 
spoke, and some one immediately ran and called Potter and George 
Jimeson. Deponent said, I will now reply ; I now understand 
what your wishes are. But you must understand, on the other 
hand, that I shall pay no attention whatever to these tilings which 
I have now understood. There is too much cheat and fraud about 
this business that you are now doing. I fully understand all your 
proceedings, and I also fully understand the situation of things at 
Washington, in relation to this business. I believe the men who 
have our business in charge there, fear God, and will by him be en- 
abled to do right. This, which you are at work upon, is not a liv- 
ing thing yet, "and will not live perhaps. Now, therefore, I fully 
apprize you that I will have nothing to do with the business. Thus 
far deponent spoke. Allen then replied, O my friend, you are a 
very wise man, and a very good man, but do carefully consider 
these things which are going on; be very candid and discreet in 
deliberating what you shall do. Deponent replied, I will indeed be 
candid — I will consider. But what I have said to you, I have already 
looked at thoroughly. But I have especially considered thoroughly 
all the interests of my people, the Seneca nation, and I am thorough- 
ly convinced that the Secretary of War, and the men who manage 
Indian affairs at Washington, ai-e good men, and this is sutficient, 
for you now understand my mind. Just as deponent had finished 
saying this. Potter and George Jimeson came up into the chamber ; 
and as soon as they were seated, General Potter said, I will now 
speak. Deponent replied, Just as you please, speak if you choose 
to do so. Then he spoke, and commenced where Allen had com- 
menced, and spoke the same things as Allen had just spoken, as 
above stated. As he finished, deponent said, Have you now got 
through what you wish to say 1 if not, you had better stop here — 
this is enough. George Jimeson then spoke, and said. This man, 
meaning deponent, is my brother ; let me say to him, consider can- 
didly all the offers which these men have now made to you. Depo- 
nent replied, You probably do not know the conversation I have 
just held with this man, (meaning Allen,) but I have been candid 
in all which I have replied to him, and I cannot have any thing fur- 
ther to do with this business. So now then I will go home ; and 
deponent then rose up to go. Then all present rose up also, and 
came down stairs, and deponent went again to the blacksmith's 
shop where he had left his horse to be shod. 

About five days after this, as nearly as deponent can recollect, 
deponent was in Buffalo again, and saw John Jimeson there in the 
city, who said to this deponent, I will now benefit you ; come and 



[ 23S "f 

talk with Potter and Allen. Deponent answered, About what shall 
we converse? Jimeson replied, About the public business. They 
are in the store of Benjamin Dole ; let us go in and talk a little 
there. Deponent then went in, and they told over the same story 
again, just as they had done before. As soon as deponent had un- 
derstood what they were at, he replied, I do not wish to talk with 
you any further about this business. Then Dole replied. Well, this 
will do for the present, only let us go to General Potter, and talk 
the matter over there a little further. Deponent replied, I have no 
objection to talking with jiim, only I suppose the subject matter of 
his conversation will be what I dislike. We then went to see Pot- 
ter, and went up into the chamber where he was. He was pi'esent 
when we came in ; Potter spoke first, and said. Do you wish now 
to enter into an agreement ? Deponent replied, What agreement ? 
Potter replied, In reference to this business of the pre-emption com- 
pany. Deponent then said, Where is the man who has the control 
of the company's business, in this house? Potter replied, I am the 
man ; I act as agent for the company, and whatever I do will bind 
the company as if they had done it themselves. Deponent replied, 
But will the company do according to your words, and feel them- 
selves bound to conform to them? Potter replied, They will do 
every thing which I promise ; and, moreover, as soon as you shall 
enter into agreement with us, here in this drawer is money, and it 
is very good money, and I will put in my hand and pull it out, and 
put it into your pocket. Deponent replied. That is not the ob- 
ject for which I have come, to get money slipped into my pocket. 
Potter then replied. Only just sign a little paper then, and let your 
name be put upon the treaty, and you shall have land for yours, and 
you shall remain at Buflalo, and the rest of the people shall emi- 
grate. Deponent then replied. But what then? How shall it be 
done ? Shall I sign a paper giving up the land of the nation, and 
yet stay at home, while others, who still hold on upon their land, 
and will not sign, shall be driven away from their land into the 
western country, by my signing ? Is that the fair way to do busi- 
ness ? No : as I understand right and wrong, let those who are willing 
to sign and sell out their country, go ; and let those who are unwill- 
ing to sign and sell out the Seneca nation, remain. This is what 
niy sense of propriety teaches me. The Senate never will sanction 
the driving away of those who have never relinquished their posses-, 
sions here; for I believe the officers of the Government, the Secre- 
tary of War, the President, and the Senate, are people who under- 
stand what is proper, and I believe they are good people. Thus far 
deponent spoke. Then General Porter reified and said. Neverthe- 
less, I will draw up a paper, and you shall be exceedingly well 
pleased with the paper which I will draw up. You shall see it when I 
have finished it, and see if you do not like it. Deponent then replied, 
But do you not understand what I have said all along, that I will have 
nothing to do with this business ? You seem not to understand it, 



[ 239 J 

but 1 do not wish you to draw up a paper ; I will not give you any 
encouragement of attending to it; 1 will only say, Do not make it; 
now, then, I am going home. Deponent then came out and started 
for home. This was the last thing which took place on the subject. 
We had no further conversation till some time after our delegates 
had gone to Washington, when wc received back letters from tliem ; 
and, in one of those letters, it was stated that our friends at Wash- 
ington had seen this deponent's name there, attached to an agree- 
ment on a paper, said to have been made at Buffalo. This exceed- 
ingly surprised this deponent; and this deponent, meeting with John 
Jimeson soon after at Whipple's, inquii'cd of him as follows: The 
letter from Washington states that my name is affixed to a power of 
attorney, empowering you to sign the treaty in my behalf. When did 
I ever give you such a power of attorney? John Jimeson then replied, 
I never knew of your giving me such a power of attorney. Deponent 
then replied, I have thought that if this is a true report, that you have 
sent such a paper to Washington, in consequence of which my 
name has been put upon the treaty ; it will be your duty to cause 
my name to be immediately withdrawn from the treaty. John 
Jemison then replied, I wish you not to believe it ; it is by no 
means true. Deponent replied. Why then does this statement 
come back to us in the letter of our delegation? John then re- 
plied. It must have been made out at Washington, for I have never 
done any such thing here. Deponent then replied, The men at 
Washington know too much to be guilty of a forgery. This is the 
place where wickedness is manufactured, and then it is sent from 
here to Washington. But I will tell you what I think about it: if 
it is true, it is just as bad to steal a man's name in this way, as 
it would be to steal his property outright, or to obtain it by forg- 
ed papers. Jimeson then replied, but I hope you will not have this 
opinion of me. I never had anything whatever to do with this 
matter. I never stole your name, or any other person's, nor have 
I ever had any knowledge of the fact that your name was stolen. 
Seth G. Heacock, of Buffalo, was present, and heard these state- 
ments of said John Jimeson, at Whipple's tavern ; and while depo- 
nent was meditating what to say further, Jimeson got into his wag- 
on and drove away towards home. Deponent also had conversa- 
tion with White Seneca, upon the same matter, a little previous to 
the meeting of the council at Cattaraugus, Meeting him in Buffa- 
lo, near the Bank of Buflalo, said Seneca said to deponent. Let us 
have a little conversation, for we are of the same mind ; do not pay 
any attention to what they are saying about your name having been 
by wrong means attached to the treaty. Deponent replied, I do 
not know by what authority you say that we are of the same mind ; 
I don't wish to go west ; 1 mean to remain Iiere, and I don't wish 
that the Senecas should emigrate. Seneca replied, Well, you can't 
help yourself now, your signature is there among the printed pa- 
pers of the Senate, along with the others, and it is now of no use 



[ 240 J 

to you to say anything against it. You can't do anything to help 
yourself. Deponent replied, 1 never signed anything which could 
furnish a pretence for this wickedness. I believe the officers of 
the Government are wise and good men. 1 do not believe there is 
any danger that they will sanction a downright forgery, or that they 
will be so blinded as to be made believe a forged signature genuine. 
White Seneca then replied, Ay, well, you can't do anything, there 
is no chance for you. Deponent then replied, But what, do you 
pretend that it is true that I signed such a paper? Seneca said, 
Yes, it is true. Deponent said. But when did you ever know me 
to be a liar ? When have I ever deceived any one by a falsehood ? 
Seneca replied, Never, since I knew you, and if you will declare 
that it is a forgery, I will believe you ; only let us make haste and 
make peace on the subject before the Secretary of War comes, and 
let us tind out the liar, and have the whole matter disclosed before 
the council. Deponent then replied, I have no wish to make peace 
with you, but I do wish to have the testimony produced, and let 
the wickedness be proved out against the guilty, for I have now 
done with talking with these people. I do not like to have to do 
with them in the least any more. White Seneca replied. Well, 
just as you please. I, for my part, am now convinced that you 
did not do it ; and thus the conversation ended. 

MARK CHARLES, his x mark. 

Subscribed and sworn before me, this 31st day of August, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 50. ] 

John Hudson, a sachem of the Six notions of Indians, resident 
on the Buflalo Creek reservation, being duly sworn, deposes and 
says : That in the month of December or January last, this depo- 
nent was called upon by one John Jimeson, a runner for the pur- 
chasing company, Potter, Allen, Wilcox and Co., and was asked 
to bear the following message to an Indian by the name of Joseph 
Dudley, viz : 

That if said Dudley would forge the name of Adam Doxtator to 
a power of attorney, empowering some one to sign his (Doxta- 
tor's) name to the assent to the amendments, and bring to the com- 
missioner said power of attorney so forged and negotiated by him- 
self, (Dudley,) and swear that the name so forged was voluntarily 
made by said Doxtator, that then, said Dudley should be paid for 
so doing twenty-five dollars in goods, from the store of Holister & 
Brown, in the city of Buffalo ; and further sailh not. 

JOHN HUDSON. 

Subscribed and sworn before me, this 31st day of August, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ 241 ] 

[ No. 51. ] 

John Snow, a chief of the Seneca nation, residing on the BufTalo 
Creek reservation, being duly sworn, deposeth and saith : That on 

or about the day of December, A. D. 1838, this deponent went 

together with his son, to the flouring mill at Black Rock dam, to 
get a grist ground, his mind being occupied solely with the business 
which he had in hand, and having fmished that business, on his 
return he was met a little below the road which leads to the ferry 
across the Niagara river, by James Stephens, or Stephenson, as he 
is sometimes called, and his son Moses Stephens, in a buggy ; and 
after mutual salutations, the said Stephens inquired of him^ the said 
deponent, if he had been at the mill ; he replied he had ; he then in- 
quired the price of flour, and deponent answered $4 50 per cwt. 
The said Stephens then said to his son, " We had better turn about, 
for flour is just as cheap at Buffalo as it is at Black Rock dam." 
They accordingly returned, and just as said deponent was passing 
the said road to the ferry, they, Stephens and son, rode past him 
towards Bufllilo, and were soon out of sight, and when deponent 
came over Prospect hill, they could not be seen before him. But 
when deponent had reached about the middle way between the lat- 
ter place and the city of Buffalo, he found the said Stephens stand- 
ing by the side of the road, who told deponent that he wished to 
speak with him; and deponent having asked him to get into his 
wagon, he said that he could not help speaking to him upon the 
business now in consideration among the chiefs, because he loved 
the said deponent, and being aware that the treaty would go into 
effect, he was unwilling that deponent should lose any thing by it, 
and he should advise him to husk some provisions for himself and 
family. Deponent answered, " It is very well that you have in- 
troduced the subject, for I have felt very uneasy about it, because 
they would not stop urging our people to sell our lands." Stephens 
then told deponent that Judge Stryker told him to tell deponent that 
he, Stryker, loved deponent, and wished to see him at his house, 
and that he would there explain the whole business to deponent, 
and let him see that the treaty is going on, and will be carried into 
effect. Stephens then asked deponent to appoint another time. 
Deponent answered, " If I should set anotlier time, perhaps I will 
not be there." But just as deponent came into Main street in Buf- 
falo, Judge Stryker passed along. " Now," said Stephens, " this 
is a convenient opportunity, for Stryker is here." Then both Ste- 
phens and Judge Stryker urged deponent to go to Judge Stryker's 
house. Deponent replied that he would go, but was unwilling to go 
alone, and wished to be accompanied by his son, who had during 
the conversation stepped into a store. Whereupon Stephens told 
deponent to go along with Judge Stryker, and that he, Stephens, 
would find his son, and would bring him along and find him at 

21 



[ 242 ] 

Judge Stryker's house. Soon after deponent reached the third 
house, Stephen's came m and said he could not find deponent's son. 
Deponent afterward learned that Stephens saw deponent's son and 
told him that deponent had stepped aside a little ways and would 
soon return and find him where he then was, but did not say a 
word to the son about accompanying him (deponent) to the house 
of Judge Stryker. Deponent also learned that while he was in 
said house, his son came there, seeking for deponent, and that 
Judge Stryker went out and saw the son and told him that his father 
was not there, and had not been there, at the same time asking 
him, the son, into the house, and taking him into another room. 

Deponent still being at Judge Stryker's house in a diflerent 
room. Judge Stryker being present with Stephens and his son, told 
deponent that the treaty is ratified ; and Stephens' son told depo- 
nent that tlic President has already confirmed it, and they both 
urged deponent to make seme provision for his family before it is 
too late. 

Soon after, Mr. Gillett and General Potter came into the room. 
Then Judge Stryker, Mr. Gillett and General Potter, all urged de- 
ponent to sign the assent to the amendments. Deponent then asked 
them how many signatuies they had already obtained. Judge 
Stryker then showed a paper purporting to be the assent to the 
amendments, and told the deponent there were forty-four signatures 
attached to it, and that they were all chiefs. Deponent inquired 
who they were, and he read a few of the names, but did not read 
the whole. Deponent then told them that he (deponent) thought it 
would be wrong, and that God would be angry with him (deponent) 
if he should sign the assent to the amendments. Whereupon Judge 
Stryker told deponent that he (Stryker) was also a member of the 
church, as well as the deponent, and he might on that account rest 
satisfied that it would not be sinful for him to sign. General Potter, 
who is also a church member, told the deponent that there would 
be no 'sin in signing. Deponent replied, that he still thought it 
would be sinful for him to sign, for if he should do so, it would be 
known among the people and bring a reproach upon his Christian 
character. Judge Stryker then told him that it would not be known, 
for the treaty would not be published; but only sent to the President. 
Judge Stryker also said that deponent could not now hinder the 
treaty from going into effect, for the President had already ratified 
it. Deponent further saith, that General Potter then and there 
offered him, the deponent, the sum of four thousand dollars if he 
would sign the assent to the amendments, and a deed for two hun- 
dred and thirty acres of land, wherever deponent should choose it, 
and that deponent's wife might call on him and get fifty dollars ; 
and they also told deponent that if he should hereafter choose, he 
could sell this land and remove beyond the Mississippi, and receive 
his portion of the land there also. Three offers were made to de- 



[ 243 ] 

ponent, in presence of Mr. Gillett, and Judge Stryker; Judge 
Stryker held the pen and told deponent to sign. Mr. Gillett also 
told deponent that he must sign. Alter hesitating a long time 
deponent took hold of the pen and Judge Stryker made his mark. 
Judge Stryker and General Potter then reassured him (deponent) 
that all the foregoing promises should be fulfilled to deponent. Ge- 
neral Potter also promised in addition, that he would pay the defi- 
ciency of Mr. Whipple's rent to deponent for his land, and after the 
whole was finished, General Potter made a present to deponent, of 
one hundred dollars. Deponent further saith, that, after these 
things were done, his mind was very much troubled on account of 
it, and deponent believes that he was deceived by these men, and 
that they used falsehood, as well as other improper means to obtain 
deponent's signature to the assent. Deponent feels that he has sin- 
ned in listening to them and signing, in consequence of their over- 
persuasion and offers, and because deponent had these feelings, he 
neglected to get the bonds executed for the fulfilment of the above- 
received promises, and ever since deponent signed, he has been 
pained at heart on account of it. Knowing that a large majority 
of his people and of the chiefs are strongly opposed to emigration, 
and deponent does now make all these statements without any per- 
suasion from any one, and of his own accord, hoping that in conse- 
quence of the unlawful and improper means employed by those who 
obtained his signature, and the signatures of many of the other 
chiefs to the treaty, it will not receive the sanction of the Senate, and 
will not be suffered to go into operation, and this deponent does, for 
this reason, entreat the Senate and the President of the United 
States not to ratify the treaty. 

his 
JOHN X SNOW, 
mark- 
Witness — S. G. Heacock. 
Sworn before'me, this 7th day of February, 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 
John Snow, a chief of the Seneca nation of Indians, residing on 
the Buffalo Creek reservation, deposeth and saith : That, after de- 
ponent had made the arrangement with Mr. Gillett, Judge Stryker, 
and General Potter, spoken of in the accompanying affidavit of said 
deponent, his mind being greatly distressed in view of the wrong of 
the said transaction, and the injury v/hich would result from it to 
his people, deponent rested not to make use of the present of one 
hundred dollars which he had received from the hand of General 
Potter, as stated in the affidavit abovementioned, for his own private 
benefit. Deponent, therefore, made known the whole transaction 
to the chiefs, together with his regret at having been thus, by de- 
ception and falsehood, drawn into t^e si^t^re which had been laid for 



[ 244 ] 

him. And deponent did shortly after make affidavit of the facts in 
the case ; which affidavit was put into the hands of C. R. Gold, 
who had been employed by the chiefs opposed to the treaty to assist 
them in defeating said treaty, to be by him forwarded to the proper 
officers of the United States Government, for the purpose of defeat- 
ing said treat_v, or otherwise used for that purpose, under the direc- 
tion of said chiefs. Deponent did, also, on or about the 14th day 
of December, A. D. 1838, deliver the abovementioned present of 
one hundred dollars, received from General Potter, into the hands 
of said Gold, to be enclosed in the abovementioned affidavit, for the 
purpose aforesaid, as corroborating evidence of the improper means 
used in presence of Mr. Gillet, to obtain deponent's signature, as 
stated in said affidavit, and said Gold engaged to use the same for 
said purpose : and further deponent saith not. 

his 
JOHN X SNOW. 
mark. 
Witness — S. G. Heacock. 
Sworn, this 7th day of February, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 52. ] 

Big Kettle, George Kenjokety, Henry Two Guns, John Snow, 
Samuel Wilson, Mark Charles, John Kennedy, Wm. Grouse, Wil- 
liam Jones, David White, John Tall Chief, and Daniel Two Guns, 
chiefs of the Seneca nation, resident on the Buffalo Creek reserva- 
tion, being duly sworn, depose and say : 

That they have just been informed that John Hutchinson, Charles 
Graybeard, and Jasper Pierce, Indians resident on the Cattaraugus 
reservation, have affixed their names to the assent to the Senate's 
amendments presented by R. H. Gillett, Esq., to the chief of the 
Seneca nation for their approval ; and have also been informed that 
the said Hutchinson, Graybeard, and Pierce, were elected chiefs of 
the emigration party this last fall, at a tavern in the city of Buf- 
falo. These deponents declare that they have never heard, until 
this 7th day of February, A. D. 1839, of said election ; and further 
say, that Hutchinson, Graybeard, and Pierce, were not legally 
elected, as the Six Nations would have had to be all together at 
said election, which has not been done ; and further say, that if 
said information is correct, that said election was fraudulently ob- 
tained, and the subscription of the names of said Hutchinson, Gray- 
beard, and Pierce, to said assent as chiefs, is not binding on the 
Seneca nation, as these deponents now declare that said Hutchinson, 
Graybeard, and Pierce, are not chiefs of the Seneca nation ,- and 
further say not. 

Big Kettle his x mark. Wm. Krouse his x mark. 



[ 245 J 

Henry Two Guns his x mark. John Tall Chief his x mark, 
John Snow his x mark. Wm. Jones his x mark. 

Samuel Wilson his x mark. Daniel Two Guns his x mark. 
John Kennedy his x mark. David White his x mark. 

Mark Charles his x mark. Geerge Kenjokety his x mark. 

Witness — S. G. Heacock. 

Sworn befoi-e me, this 7th day of February, A. D. 18.39. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 53. ] 

Silversmith, Button George, and Samuel George, chiefs of the 
Onondaga nation of Indians, resident in the Stale of New York ; 
and William Chew and John Mountpleasant, jun., chiefs of the 
Tuscarora nation of Indians, resident as above ; and Joseph Isaac, 
a chief of the Cayuga nation of Indians, resident as above — depose 
and say : That they have been informed that the Indian agent, 
Judge Stryker, with others, deposed that Jim Jonas, Reuben Pierce, 
John Gordon, Charles Graybeard, John Hutchinson, and Charles 
F. Pierce, were regular chiefs of the Seneca nation of Indians resi- 
dent in the western part of this State. We now depose that the 
afore six named persons are not chiefs of the Seneca nation, and 
have never been recognised as such in any regular council of the 
Six Nations ; and further, that they are no more than warriors or 
runners in said Seneca nation ; and further say, that the agent has 
either been deceived, or wickedly makes the statement, that they 
are chiefs of said Seneca nation. 

And deponents further say, that they have been informed that 
there was of the emigration chiefs a council held at the Buffalo 
Creek council-house, on the I8th of July last, in which those op- 
posed to emigration were not permitted to have a voice, but were 
excluded from the house, and at which the agent took an active 
part, furnishing provisions, &c., and at which there was a mock 
election of a number of warriors to chieftainships. Deponents say 
that said election was illegal and subversive of all the customs of 
the confederacy, and that the said council had no power to elect 
chiefs ; and further, that the said persons so elected are not chiefs of 
the Seneca nation, and were not, and cannot be, recognised as such 
by any tribe or clan of either of the nations of the confederacy. — 
And further say, that there was held on the 17th, the day before, 
at Onondaga council-house, a regular council of the confederacy, in 
which there were elected to chieftainship all such as had any right 
thereto; and that the election on the 18th aforesaid was done for 
the purpose of party only, and to subserve the interests of the cause 
of emigration, without regard to either custom or law. And fur- 
ther say not. SILVERSMITH, his x mark. 
Sachem of the Onondaga natio7i^ 
21* 



[ 246 ] 

BUTTON GEORGE. his x mark 

Sachem of the Onondaga nation. 
SAMUEL GEORGE, his x mark. 

Chief of the Onondaga nation. 
JOSEPH ISAAC, 

Chief of the Cayuga nation. 
WILLIAM CHEW, 
JOHN MOUNTPLEASANT, Jr. 

Chiefs of the Tnscarora nation. 
Subscribed and sworn before me this 11 ih day of December, 
A. D. 1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 

[ No. 54. ] 

We, the subscribers, bein^ duly sworn, depose and say : That 
we are chiefs or sachems of the Seneca nation of Indians, residing 
in the western part of the State of New York ; and further say, that 
Jim Jonas, Reuben Pierce, John Gordon, Charles Graybeard, John 
Hutchinson, and Charles F. Peirce, are not chiefs of the Seneca 
nation of Indians ; and that their claim to chieftainship is not ac- 
knowledged by any of the tribes or clans in said nation. And fur- 
ther say not. 

Daniel Two Guns, sachem. John Sky, his x mark. 

Seneca White, sachem. John General, his x mark . 

Black Smith, his x mark. Joseph Snow, his x mark. 

Wm. Patterson, his x mark. George Deer, his x mark. 

.John Luke, his x mark, sachem. William Jones, his x mark. 
Tunis Half Town, his x mark. Johnny John, his x mark. 
,Iohn Hudson. James Williams, his x mark. 

.Jacob Blacksnake, his x mark. John Big Fire, his x mark. 
Jimtny Johnson, his x mark. Blue Sky, his x mark. 
Gov. Blacksnake, his x mark. Lewis Poudry, his x mark. 
Israel Jemison, his x mark. John Kennedy, his x mark. 

John Pierce, his x mark. Oliver Silverheels, his x mark. 

Young Chief, his x mark. George Silverheels, his x mark. 

George Kenjokety, his x mark. Henry Two Guns. 
Black Chief, his x mark. Sam. Gordon. 

John Cook, his x mark. Jack Johnny John, his x mark- 

George Dennis, his x mark. John Bark, his x mark. 

James Shongo, his x mark. Adam Doxtator, his x mark. 

Robert Watt, his x mark. Jesse Spring, his x mark. 

Samuel Parker, his x mark. John Green Blanket, his x mark. 

David Snow, his x mark, William Cass. 

John Tall Chief, his x mark. Samuel Wilson, his x mark. 
(Jeorge Washington, his x mark. Mark Charles, sachem. 
Isaac Halftown, his x mark. Isaac Davis, jr., his x mark. 

George Killbuck, his mark. 



[ 247 ] 

Chiefs elected on the 17th of July, 1839 : 
Joseph Silverheels. Sam. Lagun. 

Peter White. James Spring, his x mark, 

George Turkey. Jacob Shongo, his x mark. 

John Dickie, his x mark. Tom Hemlock, his x mark. 

Isaac Shanks, his x mark. John Mitten, his x mark. 

Abram John, his x mark. Jacob Johnson, his x mark. 

Owen Blacksnake, his x mark. Abram Johnny John, his x mark, 
Daniel Spring, his x mark. John Joshua, his x mark 

George Green Blanket, his x mark John Kennedy, jr. 
Signed in the presence of 
AsHER Wright, 
Seth G. Heacock. 
Subscribed and sworn before me, this 11th day of December, 
A. D. 1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 
Asher Wright and Seth G. Heacock, being duly sworn, depose 
and say, that they know the names and persons of those who have 
signed the foregoing paper, and know them to be recognised as 
chiefs of the Seneca nation, I'csiding in the western part of the 
State of New York. ASHER WRIGHT, 

SETH G. HEACOCK. 
Sworn before me, this 11th day of December, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 55. ] 

John Gordon, being duly sworn, deposes and says : That he is 
a warrior of the Seneca nation of Indians, residing upon the Alle- 
ghany reservation in the western part of the State of New York ; 
and this deponent further says, that he has had read and interpre- 
ted to him an affidavit, made by his brother, Samuel Gordon, and 
that so far forth as the facts detailed in said affidavit relate to the 
election of this deponent to chieftainship, they are true ; and this 
deponent further says, that the said election was illegal, and sub- 
versive of the laws which govern the Seneca nation in the election 
of chiefs ; and further says, that he was never considered a chief 
by the body of the nation, and has never claimed his seat as a chief 
in the councils of said nation, but has acted as a chief with the emi- 
gration party only ; and this deponent further saith that he is not a 
chief of the Seneca nation ; and further saith not. 

JOHN GORDON, his x mark. 

Subscribed and sworn before me, this 11th day of December, 
A. D. 1839. H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 



[ 248 ] 

"~ [ No. 56. ] 

Seneca White, being duly sworn, deposes and says : That he is 
a sachem of the " Six Nations of Indians," and that he is a Seneca, 
residing on the Biifl'alo Creek reservation, in the western part of 
the State of New York ; and further says, that on the seventeenth 
day of September, A. D. 1834, there assembled at the BufTaio 
Creek council-house seven chiefs of the Seneca nation, which 
chiefs tlien constituted what was called the emigration party of 
chiefs among the Senecas : and in view of the fact that there were 
so few chiefs in favor of emigration, and also to gratify a desire to 
see the country offered to the Seneca nation by the United States, 
the seven chiefs, so convened, resolved that they would raise a 
number of warriors, who were known to be in favor of emigration, 
to chieftainship, and also to organize themselves into a party ; ac- 
cordingly there were raised, by the vote of these seven chiefs, 
warriors to be chiefs, (not of the Seneca nation, but of the emigra- 
tion party in said nation,) and also appointed Jim Jones and Reuben 
Pierce as runners, (not of the Seneca nation, but of the emigration 
party in said nation.) And this deponent further saith, that there 
was a delegation sent by said party to view the country offered by 
the United States, and that when the delegation returned the chiefs 
in council agreed to drop the subject of emigration, and to heal, if 
possible, the difficulty then existing on that subject in the nation; 
upon which a council of the Six Nations was called, and it was 
agreed that all those that had been elected chiefs by the emigra- 
tion party should be considered chiefs so long as they conducted 
themselves properly and as chiefs ought to do. And this deponent 
further says, that those who were then admitted as chiefs in said 
convention hold their offices only during their lives, and that their 
chieftainship dies with them, they being chiefs merely by conces- 
sion. And this deponent further says, that the choice of the said 
Jim Jonas and Reuben Pierce as runners was never ratified by the 
said council of the Six Nations, but they have acted as such for the 
emigration party ; and that they are not chiefs, never having been 
elected as such by the nation, or acknowledged by the sachems, or 
raised to chieftainship by the Father of the (confederacy. And this 
deponent further says, that, although from his recollection he should 
be able to swear to the foregoing, yet he has in his hands a minute 
of the proceedings, taken down in his own language at the time, 
to which he refers, in order that there may not possibly be a mis- 
take. And further this deponent saith, that those who were set 
apart on the seventeeth day of September aforementioned, were not 
chiefs of the Seneca nation until the choice was ratified by the 
council of the Six Nations aforementioned; and further saith not. 

SENECA WHITE. 

Subscribed and sworn before me, this 11th day of December, 
A. D. 1839. II. A. SALISBURY, 

Commissioner of Deeds for Erie county. 



!. 249 ] 

[ No. 57. ] 

Samuel Gordon, a chief of the Seneca nation of Indians, being 
duly sworn, deposes and says : That he has read the above copies 
of letters, printed in the documents furnished to the Senate's Com- 
mittee on Indian Affairs, marked No. 14, No. 15, and No. 16 — the 
first from five chiefs to Hon. James Stryker ; the second from 
thirty-seven chiefs to Hon. R. H. Gillett, Commissioner, &c., the 
third from James Stryker to Hon. R. H. Gillett, Commissioner, &,c. 
That in relation to the election of the chiefs, as mentioned in the 
said letters, the facts are, that some time in December, 1838, he 
attended a meeting of Indian chiefs at the house of James Stryker, 
in the city of Buffalo; that Orlando Allen (a white man) and James 
Stryker, and ten or fifteen Indians, were present; that it was agreed 
to elect and install as chiefs of the Seneca nation, Charles F. Pierce, 
Charles Graybeard and John Hutchinson, who were warriors, which 
was accordingly done ; that they then proceeded to the Eagle tavern 
and informed the commissioner, Hon. R. H. Gillett, that these 
three men were regularly constituted chiefs of the Seneca nation, 
and that their names were then appended to the assent to the Se- 
nate's amendments. Deponent further says, this proceeding was 
not in accordance to the customs of the nation in choosing chiefs, 
but grossly at war with them ; that it was done in this private 
manner, concealed from the knowledge of the whole nation, in 
order that, if possible, the three vacancies which existed might be 
filled with persons in favor of emigration, and that there might be 
some pretext for affixing their names to the assent to the Senate's 
amendments ; that the abovenamed Pierce, Graybeard, and Hutchin- 
son, have never been acknowledged in the regular way by the na- 
tion; that they are not now, nor do they consider themselves as 
chiefs of the Seneca nation, except for the purpose of signing 
the assent ; that they are not allowed to sit as chiefs, nor do they 
claim it. Deponent further says, that in relation to the letter dated 
"Buffalo Creek, December 10, 1838," from thirty-seven chiefs to 
Hon. R. H. Gillett, commissioner, which bears the same date with 
the other two, and to which he finds his name affixed, he never 
signed such a letter ; never saw it until he saw it printed as above; 
that he never in any way authorized any person to affix his name 
to such a letter ; that he does not know from whom it emanated, 
and that he never attended a meeting or council on Buffalo Creek, 
at which he made a communication such as above mentioned. — 
And further saith, that John Gorden was elected chief by the emi- 
gration party, and that he is not a chief of the Seneca nation ; said 
election being held at a tavern, and not at the place where it should 
have been done. SAMUEL GORDEN. 

Subscribed and sworn before me, this 11th day of December, 
A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ 250 ] 

[ No. 58. ] 
We, the undersigned, chiefs and warriors of the Seneca nation, 
having heard that a letter, of which the follovving is a copy, was 
sent to R. H. Gillett, Esq., and dated Buffalo Creek, December 
10th, 1838, and to which our names are attached — 

"Sir: The undersigned chiefs would beg leave to state to the 
honorable commissioner that they have already notified the agent, 
honorable James Stryker, of the election of three chiefs, in the 
places of Captain Jones, Captain Jack Snow, and George White, 
deceased. Charles F. Pierce was elected as the successor of the 
late Captain Jones, in a regular council convened for that purpose. 
The delegates from the reservations were present, according to the 
custom of the Iroquois confederacy. Pierce is the successor of 
Captain Jones, by the regular line of descent in the family or clan. 
The right of Pierce was so generally acknowledged by the peo- 
ple, that before the usual forms or ceremony in the election of chiefs, 
he was acknowledged chief (by the people) by right. Charles Gray- 
beard was elected as successor of Captain Jack Snow, in precisely 
the same manner as Pierce was elected. John Hutchinson was 
elected in the place of George White. There was some difference 
of opinion in the clan or family, as to who was the proper person 
to be the successor ; but there being a majority in favor of Hutchin- 
son, he was accordingly declared to be nominated by the proper 
clan, and the other clans (according to custom) confirmed the nomi- 
nation, and Hutchinson was duly declared to have been elected. — 
The undersigned chiefs have thought proper to inform the Honora- 
ble R. H. Gillett, commissioner, how the chiefs (already named) 
were elected. We are your friends. 

Captain Strong, Jabez Stevenson, 

George Bennett, George Fox, 

' Blue Eyes, John Bennett, 

N. T. Strong, Thomson S. Harris, 

Samuel Gorden, Morris Halftown, 

Bill Shanks, William Johnson, 

Levi Halftown, John Gorden, 

Captain Pollard, Jacob Jimeson, 

James Stevenson, Long John. 

White Seneca, John Tall Chief, 

George Jimeson, John Bark, 

Tommy Jimmy, Major Jack Berry, 

Little Johnson, Sky Carrier, 

Tall Peter, William Cass, 

John Snow, Job Pierce, 

John Seneca, George Big Deer, 

Samuel Wilson, Walter Thompson, 

James Jonas, John General, 

Thomas Ji.meson, 



[ 251 ] 

Witness : Spencer H. Cone. 
Hon. R. H. Gillet, Commissioner, ^c." 
We now say that we never signed our names or made our marks 
to the above letter, and that the same was done without our consent 
or knowledge. 

his 
JOHN X SNOW, 
mark. 



[ No. 59. ] 

We, the subscribers, being duly sworn, depose and say: That 
we are chiefs of the Seneca nation of Indians, resident on the re- 
servations in the western part of the State of New York ; and 
further say, that we have never made our marks or written our 
names to the foregoing letter, and that our names and marks as 
they are so written, is an unqualified forgery. 

SAMUEL GORDON. 

JOHN TALL CHIEF, his x mark. 

JOHN BARK, his x mark. 

WILLIAM CASS. 

JOHN GENERAL, his x mark. 

SAMUEL WILSON, his x mark. 
Witness — Asher Wright. 

Subscribed and sworn before me, this 11th day of December, 
A.D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 

[ No. 60. ] 

John Gordon, being duly sworn, deposes and says: That he is 
a warrior of the Seneca nation ; and that the facts set forth in the 
foregoing letter he is entirely ignorant of, and that he never made 
his mark or signed his name to the same ; and further saith not. 

his 
JOHN x GORDON, 
mark. 
In presence of — Asher Wright. 

Subscribed and sworn before me, this 11th day of December, 

A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ 252 J 

[ No 61. ] 

Selh G. Heacock, being duly sworn, deposes and says: That he 
is well acquainted with Charles F. Pierce, a Seneca warrior, and 
that he saw him in July last, and held a conversation with him in 
relation to his chieftainship, in which conversation he (Pierce) told 
this deponent that he was not, and had never claimed to be, a chief of 
the Seneca nation, but only a chief of the emigration party ; and 
that he had no right in the councils of said nation, but to sit only 
as chief in the councils of the emigration party ; and further says 
not. 

SETH G. HEACOCK. 

Sworn before me, this 11th dav of December, A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



[ No. 62. ] 

We, the subscribers, being duly sworn, depose and say : That 
we are chiefs of the Seneca nation residing on the Buffalo Creek 
reservation in the State of New York, and the Alleghany reserva- 
tion in said State; and further say that we have heard that our 
names are attached to the assent to the Senate's amendments. We 
now declare that if our names or marks are attached to any paper 
by which our assent is given to the sale of our lands, or to the re- 
moval of our nation to the west, said name or mark being made 
since the assent was presented by Ransom H. Gillett, Esq. to our 
nation, that the same is a forgery. 

' GEORGE KENJOCKETY, his x mark. 

JOHN TALL CHIEF, his x mark. 

JOHN GENERAL, his x mark. 

.TAMES SHONGO, his x mark. 

JOHN BARK, his x mark. 

SAMUEL WILSON, his x mark. 
MARK CHARLES. 

Subscribed and sworn before me, this 11th day of December, 
A. D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



Seth G, Heacock and Asher Wright, being duly sworn, depose 



[ 253 ] 

and say, that we are acquainted with the foregoing persons, and 
know them to be acknowledged chiefs of the Seneca nation. 

SETH G. HEACOCK. 

ASHER WRIGHT. 

Sworn before me, this Uth day of December, A. D. 1839. 

H. A. SALISBURY, 

Commissioner of Deeds for Erie county. 



Cattaraugus County, 
Slate of New York, 



ss. 



Asher Bliss, being duly sworn, saith, that having lived on the 
Cattaraugus reservation, among the Seneca Indians, for more than 
seven years past, and having frequent occasion to assist them in 
their public business, he has known the following individuals, to 
wit : Isaac Davis, John Dennis, George Silverheels, and Oliver 
Silverheels, as chiefs, acting as such in councils, and recognised as 
chiefs by the nation ; the three first named for the last five or six 
years, and the last for the last three years. 

ASHER BLISS. 

Sworn and subscribed before me, this 26th day of December, 
1839 

E. M. PETTIT, 
Justice of the Peace. 



[ No. 63. ] 

Long John, being duly sworn, deposes and says : That he is a 
chief of the Seneca nation of Indians, and that he resides upon the 
Allegany reservation ; and further says, that about one year since 
he was called upon by one of the chiefs of the emigration party, 
(James Stevenson,) belonging to the same clan with this deponent, 
and was advised with by the said Stevenson as to the choice of a 
chief to fill a vacancy in their clan, occasioned by the death of Cap- 
tain Jack Snow, and that Stevenson proposed Charles Graybeard; 
that this deponent objected to the said Charles being elected by 
their clan, and it was agreed, between this deponent and the said 
Stevenson, that the said Graybeard could not, of right, be held up 
for confirmation as a chief, and it was also agreed to drop him ; and 
this deponent understood that the emigration party were about to 
elect chiefs, to which this deponent objected strenuously at the 
time. This deponent has been informed that his name is attached 

22 



[ 254 ] 

to a paper approving the election of the said Graybeard, John 
Hutchinson, and Charles F. Pierce to chieftainship. He now says, 
that the same is not only a forgery, but that he objected at the time 
to the whole procedure ; and further saith not. 

his 
^ LONG X JOHN. 

mark. 
Witness — H. A. Salisbury, 

George Wheeler. 
Subscribed and sworn before ine, this 14th day of December, A. 
D. 1839. 

H. A. SALISBURY, 
Commissioner of Deeds for Erie county. 



INDEX 



PJLOU, 

Statement of facts, -.-.-.-5 

Memorial to the President of the United Slates, - - 20 

Second " " " u u u . . . 32 

Memorial to the Senate " u n . . 35 

Tonewanda Indians, Address from - - - - - 42 

" " Friends' Address to - - - 43 

Memoranda — Governor of New York, - - - - 45 

Memorial to the Governor and Council of Massachusetts, - 46 

" to the House of Representatives of the United States, - 48 

Letter to the President of the United States, - - - 51 

" to .1. R. Poinsett, Secretary of War, - - - 54 
Letters to A. H, Sevier, Senate of the United States, - 56,57,59,62 

Extract from the Speech of Cornplanter, - - - - 63 

Sevier's Speech, Senate of the United States, - - - 65 

Resolutions of the Senate, June 11, 1838, - - - - 93 

Amended Treaty, -...-- 94 

Deeds — Senecas to Ogden company, . . . . 105 

" Tuscaroras " " ... - 108 

Gillett's Letter to General Dearborn, - - - - 110 

Letters from Chiefs to S, Prentiss, M. C. - - - 112 
Memorial of Seneca Indians to the President of the United States, 121 
Chiefs, Letter to the President of the United States, - - 123 
Deleg-ation to Washington, Seneca Chiefs, _ - - 124 
Affidavit of John Kennedy, Chief, stating the frauds of their Attorney, 128 
Governor Everett, of Massachusetts, to the President of the U. S. 133 
Remonstrance of the Seneca Nation against the sale of their lands, ad- 
dressed to the President of the United States, - - - 133 
Names of Seneca Chiefs opposed to emigration, - - 137 
Seneca Chiefs, Address to the Senate, ... - 143 
Census of Senecas on Buffalo Reservation, opposed to emigration, 148 
" " Alleghany " " " 153 
" " Cattaraugus " " " 159 
" Cayugas " " «♦ " 161 
" «' Buffalo " " " 163 
Asher Wright's Letter, - - - - - 165 

Chiefs of the Seneca Nation to the President of the United States, 

Dec. 10, 1839, - - - - - - - 178 

Letter of the Seneca Nation to Gov. Everett, of Mass., Dec. 18, 1839, 185 

BRIBERY CONTRACTS. 

1. Samuel Gordon, --.-.- 189 

2. George Bennett, - - - - - - 190 

3. John Gordon, -..--- 192 

4. Levi Halftown, 193 



25G 



INDEX. 



5. Jacob Jemison, .... 

6. Blue Eyes, ... - 

7. Geo. li'ig Deer, - - . . 

8. John Snow - - . . 

9. Joseph Snow, .... 
10. George Lindsey, ... 

AFFIDAVITS. 

1. James Shongo, .... 

2. John Snow, .... 

3. Samuel Gordon, - . - - 

4. Morris Halftown, ... 

5. Sky Carrier, .... 

6. Little Joe, . . - - 

7. Jacob Bennett, .... 

8. John Barks, - . - - 

9. George Conjoceyta, 

10. Samuel Wilson, . . - 

11. William Jones, .... 

12. David White, . . - - 

13. John Tall Chief, .... 

14. William Cass, ... 

15. John General, .... 

16. Little Joe, .... 

17. Big Kettle, and sixteen other Chiefs, 

18. Major Jack Berry, ... 

19. Daniel Two Guns, ... 

20. John Kennedy, . . - - 

21. William Jones, .... 

22. Seneca White, . - - - 

23. Henry Two Guns, . - - - 

24. Mark Charles, and five other Chiefs, 

25. Mark Charles, . . . ^ 

26. John Hudson, - - - - 

27. John Snow, .... 

28. John Snow, - . . - 

29. Big Kettle, and eleven other Chiefs, 

30. Silversmith and others, 

31. Daniel Two Guns, and sixty-six other Chiefs, 

32. John Gordon, . - - - 

33. Seneca White, . . - - 

34. Samuel Gordon, . . - 

35. Sundry Chiefs proving forgery, 

36. Long John, . - . - 



FAOE 

193 
194 
195 
ib. 
198 
199 



200 

201 
203 
207 
208 
210 
211 
212 
213 
214 
216 
218 
219 
223 
225 
227 

ib. 
228 
230 
232 

ib. 
233 
234 

ib. 
235 
240 
241 
243 
244 
245 
246 
247 
248 
249 
250 
253 



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